THE  LAW  AND  REGULATIONS 


RELATIVE  TO  THE 

MASSACHUSETTS 
VOLUNTEER  MILITIA 


PUBLISHED  BY 

THE  ADJUTANT  GENERAL 


FEBRUARY,  1913 


Approved  by 

The  State  Board  of  Publication, 


5  3,1 . 

VA  ssut 


EXTRACTS 

FROM  THE 

Constitution  of  the  Commonwealth  of  Massachusetts, 

CONCERNING  THE  MILITIA. 


CHAPTER  II. 

Section  I. 

Article  VII.  The  governor  of  this  commonwealth,  for 
the  time  being,  shall  be  the  commander-in-chief  of  the  army 
and  navy,  and  of  all  military  forces  of  the  state,  by  sea 
and  land;  and  shall  have  full  power,  by  himself,  or  by  any 
commander,  or  other  officer  or  officers,  from  time  to  time, 
to  train,  instruct,  exercise,  and  govern  the  militia  and  navy; 
and,  for  the  special  defence  and  safety  of  the  common¬ 
wealth,  to  assemble  in  martial  array,  and  put  in  warlike 
posture,  the  inhabitants  thereof,  and  to  lead  and  conduct 
them,  and  with  them  to  encounter,  repel,  resist,  expel,  and 
pursue,  by  force  of  arms,  as  well  by  sea  as  by  land,  within 
or  without  the  limits  of  this  commonwealth,  and  also  to  kill, 
slay,  and  destroy,  if  necessary,  and  conquer,  by  all  fitting 
ways,  enterprises,  and  means  whatsoever,  all  and  every  such 
person  and  persons  as  shall,  at  any  time  hereafter,  in  a 
hostile  manner,  attempt  or  enterprise  the  destruction,  inva¬ 
sion,  detriment,  or  annoyance  of  this  commonwealth;  and 
to  use  and  exercise,  over  the  army  and  navy,  and  over  the 
militia  in  actual  service,  the  law-martial,  in  time  of  war  or 
invasion,  and  also  in  time  of  rebellion,  declared  by  the 
legislature  to  exist,  as  occasion  shall  necessarily  require; 
and  to  take  and  surprise,  by  all  ways  and  means  whatsoever, 

.  y  all  and  every  such  person  or  persons,  with  their  ships, 
arms,  ammunition,  and  other  goods,  as  shall,  in  a  hostile 


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manner,  invade,  or  attempt  the  invading,  conquering,  or 
annoying  this  commonwealth;  and  that  the  governor  be 
intrusted  with  all  these  and  other  powers,  incident  to  the 
offices  of  captain-general  and  commander-in-chief,  and  ad¬ 
miral,  to  be  exercised  agreeably  to  the  rules  and  regulations 
of  the  constitution,  and  the  laws  of  the  land,  and  not  other¬ 
wise. 

Provided,  that  the  said  governor  shall  not,  at  any  time 
hereafter,  by  virtue  of  any  power  by  this  constitution 
granted,  or  hereafter  to  be  granted  to  him  by  the  legisla¬ 
ture,  transport  any  of  the  inhabitants  of  this  common¬ 
wealth,  or  oblige  them  to  march  out  of  the  limits  of  the 
same,  without  their  free  and  voluntary  consent,  or  the  con¬ 
sent  of  the  general  court;  except  so  far  as  may  be  necessary 
to  march  or  transport  them  by  land  or  water,  for  the 
defence  of  such  part  of  the  state  to  which  they  cannot  other¬ 
wise  conveniently  have  access. 

Article  X.  The  captains  and  subalterns  of  the  militia 
shall  be  elected  by  the  written  votes  of  the  train-band  and 
alarm  list  of  their  respective  companies,  [of  twenty-one 
years  of  age  and  upwards;]  the  field  officers  of  regiments 
shall  be  elected  by  the  written  votes  of  the  captains  and 
subalterns  of  their  respective  regiments;  the  brigadiers  shall 
be  elected,  in  like  manner,  by  the  field  officers  of  their 
respective  brigades;  and  such  officers,  so  elected,  shall  be 
commissioned  by  the  governor,  who  shall  determine  their 
rank.  [See  Amendments,  Article  V,  infra.] 

The  legislature  shall,  by  standing  laws,  direct  the  time 
and  manner  of  convening  the  electors,  and  of  collecting 
votes,  and  of  certifying  to  the  governor,  the  officers  elected. 

The  major-generals  shall  be  appointed  by  the  senate  and 
house  of  representatives,  each  having  a  negative  upon  the 
other;  and  be  commissioned  by  the  governor.  [See  Amend¬ 
ments,  Article  IV,  infra.] 

And  if  the  electors  of  brigadiers,  field  officers,  captains 
or  subalterns,  shall  neglect  or  refuse  to  make  such  elections, 
after  being  duly  notified,  according  to  the  laws  for  the 
time  being,  then  the  governor,  with  advice  of  council,  shall 
appoint  suitable  persons  to  fill  such  offices. 


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[And  no  officer,  duly  commissioned  to  command  in  the 
militia,  shall  be  removed  from  his  office,  but  by  the  address 
of  both  houses  to  the  governor,  or  by  fair  trial  in  court- 
martial,  pursuant  to  the  laws  of  the  commonwealth  for  the 
time  being.]  [See  Amendments,  Article  IV,  infra.] 

The  commanding  officers  of  regiments  shall  appoint  their 
adjutants  and  quartermasters;  the  brigadiers  their  brigade- 
majors;  and  the  major-generals  their  aids;  and  the  gov¬ 
ernor  shall  appoint  the  adjutant-general. 

The  governor,  with  advice  of  council,  shall  appoint  all 
officers  of  the  continental  army,  whom  by  the  confederation 
of  the  United  States  it  is  provided  that  this  commonwealth 
shall  appoint,  as  also  all  officers  of  forts  and  garrisons. 

The  divisions  of  the  militia  into  brigades,  regiments,  and 
companies,  made  in  pursuance  of  the  militia  laws  now  in 
force,  shall  be  considered  as  the  proper  divisions  of  the 
militia  of  this  commonwealth,  until  the  same  shall  be  altered 
in  pursuance  of  some  future  law. 

Article  XII.  All  public  boards,  the  commissary-gen¬ 
eral,  all  superintending  officers  of  public  magazines  and 
stores,  belonging  to  this  commonwealth,  and  all  commanding 
officers  of  forts  and  garrisons  within  the  same,  shall  once  in 
every  three  months,  officially,  and  without  requisition,  and 
at  other  times,  when  required  by  the  governor,  deliver  to 
him  an  account  of  all  goods,  stores,  provisions,  ammuni¬ 
tion,  cannon  with  their  appendages,  and  small  arms  with 
their  accoutrements,  and  of  all  other  public  property  what¬ 
ever  under  their  care  respectively;  distinguishing  the  quan¬ 
tity,  number,  quality  and  kind  of  each,  as  particularly  as 
may  be;  together  with  the  condition  of  such  forts  and  gar¬ 
risons;  and  the  said  commanding  officers  shall  exhibit  to 
the  governor,  when  required  by  him,  true  and  exact  plans 
of  such  forts,  and  of  the  land  and  sea  or  harbor  or  har¬ 
bors,  adjacent. 

And  the  said  boards,  and  all  public  officers,  shall  commu¬ 
nicate  to  the  governor,  as  soon  as  may  be  after  receiving 
the  same,  all  letters,  despatches,  and  intelligences  of  a  pub¬ 
lic  nature,  which  shall  be  directed  to  them  respectively. 


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Section  II. 

Article  III.  Whenever  the  chair  of  the  governor  shall 
be  vacant,  by  reason  of  his  death,  or  absence  from  the  com¬ 
monwealth,  or  otherwise,  the  lieutenant-governor,  for  the 
time  being,  shall,  during  such  vacancy,  perform  all  the 
duties  incumbent  upon  the  governor,  and  shall  have  and 
exercise  all  the  powers  and  authorities,  which  by  this  consti¬ 
tution  the  governor  is  vested  with,  when  personally  present. 

Section  III. 

Article  VI.  Whenever  the  office  of  the  governor  and 
lieutenant-governor  shall  be  vacant,  by  reason  of  death, 
absence,  or  otherwise,  then  the  council,  or  the  major  part  of 
them,  shall,  during  such  vacancy,  have  full  power  and 
authority  to  do,  and  execute,  all  and  every  such  acts,  mat¬ 
ters,  and  things,  as  the  governor  or  the  lieutenant-governor 
might  or  could,  by  virtue  of  this  constitution,  do  or  exe¬ 
cute,  if  they,  or  either  of  them,  were  personally  present. 

CHAPTER  VI. 

Article  I.  [Relates  to  the  declarations  and  oaths  that 
the  Constitution  prescribes  shall  be  taken  and  subscribed 
by  any  person  appointed  or  commissioned  to  any  judicial, 
executive,  military  or  other  office  under  the  government, 
and  is  not  printed  here  as  the  requirements  of  this  article 
are  practically  repeated  in  section  73,  chapter  604,  Acts  of 
1908,  infra.] 

ARTICLES  OF  AMENDMENT. 

Article  IV.  .  .  .  Whenever  the  exigencies  of  the  com¬ 
monwealth  shall  require  the  appointment  of  a  commissary- 
general,  he  shall  be  nominated,  appointed,  and  commis¬ 
sioned,  in  such  manner  as  the  legislature  may,  by  law, 
prescribe. 

All  officers  commissioned  to  command  in  the  militia  may 
be  removed  from  office  in  such  manner  as  the  legislature 
may,  by  law,  prescribe. 


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Article  V.  In  the  elections  of  captains  and  subalterns 
of  the  militia,  all  the  members  of  their  respective  companies, 
as  well  those  under  as  those  above  the  age  of  twenty-one 
years,  shall  have  a  right  to  vote. 

Article  YI.  [Relates  to  oath  of  allegiance  prescribed 
by  the  Constitution,  and  is  not  printed  here  as  the  require¬ 
ments  of  this  article  are  practically  repeated  in  section  73, 
chapter  604,  Acts  of  1908,  infra.] 


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4 


THE  LAW  RELATIVE  TO  THE  MILITIA  OF  THE 
COMMONWEALTH  OF  MASSACHUSETTS. 


CHAPTER  604,  ACTS  OF  1908  (APPROVED  JUNE 
11,  1908),  WITH  AMENDMENTS  THERETO,  AND 
OTHER  ACTS  RELATING  TO  THE  MILITIA. 


Section. 
1-7. 
8,  9. 
10,  11. 
12-14. 
15-19. 
20-39. 
40-60. 
61-73. 
74-80. 
81-90. 
91-102. 
103-105. 
106-126. 
127-140. 
141-171. 

172. 
173-178. 
179-190. 
191,  192. 
193-210. 


An  Act  relative  to  the  Militia. 

Persons  exempt  from  military  duty. 

Enrolment  of  persons  subject  to  military  duty. 

Calling  out  and  organizing  for  active  duty. 

Staff  of  the  commander-in-chief  and  its  duties. 
Organization  and  disbandment. 

Present  organization. 

Election  and  appointment  of  commissioned  officers. 
Examining  boards. 

Appointment  and  reduction  of  noncommissioned  officers. 
Enlistment  and  muster-in  of  soldiers. 

Discharge  and  retirement  of  commissioned  officers. 
Discharge  of  enlisted  men. 

Arms,  uniforms  and  equipments. 

Armories. 

Tours  of  duty,  inspection  and  drills. 

Excuses  for  non-performance  of  duty. 

Pay  and  allowances. 

Courts  of  inquiry  and  courts-martial. 

Regimental,  battalion  and  company  by-laws. 

General  provisions. 


“  Soldier  ” 
and 

“  company 
defined. 


ENROLLED  MILITIA. 

Persons  Exempt  from  Military  Duty. 

Section  1.  In  this  act  the  word  “  soldier  ”  shall  include 
musicians  and  all  persons  in  the  volunteer  or  reserve  mi¬ 
litia,  except  commissioned  officers ;  and  the  word  “  com¬ 
pany  ”  shall  include  battery,  troop,  signal  corps  and 
hospital  corps,  except  as  herein  otherwise  provided. 


9 


Section  2.  Every  able-bodied  male  citizen,  and  every  Persons  to  b® 
able-bodied  male  of  foreign  birth  who  has  declared  his  in-  the  militia, 
tention  to  become  a  citizen,  resident  within  this  common¬ 
wealth,  of  the  age  of  eighteen  years  and  under  the  age  of 
forty-five  years,  except  persons  exempted  by  sections  three, 
four  and  six,  and  idiots,  lunatics,  common  drunkards,  vaga¬ 
bonds,  paupers  and  persons  convicted  of  any  infamous 
crime,  shall  be  enrolled  in  the  militia.  Persons  convicted  of 
any  such  crime  after  enrolment  shall  forthwith  be  disen- 
rolled.  In  all  cases  of  doubt  respecting  the  age  of  a  person 
enrolled,  the  burden  of  proof  shall  be  upon  him. 

Section  3.  In  addition  to  the  persons  exempted  by  the  Exemptions, 
laws  of  the  United  States  from  enrolment  in  the  militia,  the 
following  persons  shall  also  be  absolutely  exempt:  justices 
and  clerks  of  courts  of  record;  judges  and  registers  of  pro¬ 
bate  and  insolvency;  registers  of  deeds,  and  sheriffs;  officers 
who  hold  or  have  held  commissions  in  the  regular  or  volun¬ 
teer  army  or  navy  of  the  United  States;  officers  who  have 
held  for  a  period  of  five  years,  commissions  in  the  militia 
of  this  or  of  any  other  state  of  the  United  States,  or  who 
have  been  superseded  and  discharged,  or  who  have  held 
commissions  in  any  organization  of  the  Massachusetts 
volunteer  militia  at  the  time  of  its  disbandment;  enlisted 
men  who  have  served  honorably  in  the  volunteer  militia  for 
a  period  of  nine  years;  ministers  of  the  gospel;  practising 
physicians;  superintendents,  officers  and  assistants  em¬ 
ployed  in  or  about  any  of  the  state  hospitals,  state  alms¬ 
houses,  state  prisons,  jails  or  houses  of  correction;  keepers 
of  lighthouses;  conductors  and  engine  drivers  of  railroad 
trains;  seamen  actually  employed  on  board  of  any  vessel, 
or  who  have  been  so  employed  within  three  months  next 
preceding  the  time  of  enrolment. 

Section  4.  Every  person  of  the  religious  denominations  Quakers, 
of  Quakers  or  Shakers,  if  conscientiously  scrupulous  of  f^mpted^0’’ 
bearing  arms,  who  annually  before  the  first  Tuesday  in  when. 

May,  delivers  to  the  assessors  of  the  place  where  he  resides 
a  certificate  signed  by  two  of  the  elders  or  overseers  of  the 
society  with  which  he  meets  for  public  religious  worship, 
shall  be  exempt  from  enrolment.  The  certificate  shall  be  in 
the  following  form :  — 


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We,  the  subscribers  of  the  society  of  the  people  called 
in  the  of  ,  in  the  county 

of  ,  do  hereby  certify  that  is  a  member 

of  our  society,  and  that  he  frequently  and  usually  attends 
religious  worship  with  said  society,  and  we  believe  that  he  is 
conscientiously  scrupulous  of  bearing  arms. 

A.  B.,  Elders  or  Overseers. 

E.  E.,  Cleric.  C.  D.  (as  the  case  may  be). 


Penalties  for 
giving  false 
certificate. 


Members  of 
fire  depart¬ 
ment 
exempted. 


Organized 
and  reserve 
militia. 


Section-  5.  Whoever  gives  or  files  a  false  certificate 
under  the  preceding  section  shall  be  punished  by  a  fine  of 
two  hundred  dollars  and  by  imprisonment  for  not  more 
than  six  months. 

Section  6.  Enginemen  or  members  of  the  fire  depart¬ 
ment  shall  be  exempt  from  military  duty  upon  filing  with 
the  assessors  of  the  place  where  they  reside  a  certificate, 
signed  by  the  mayor  and  aldermen  or  fire  commissioners  or 
the  selectmen;  but  an  enlistment  in  the  volunteer  militia 
shall  not  be  vacated  by  an  appointment  as  engineman  or 
member  of  the  fire  department. 

Section  7.  The  militia  shall  consist  of  two  classes, 
namely,  the  organized  militia,  to  be  known  as  the  Massachu¬ 
setts  Volunteer  Militia,  composed  and  organized  as  here¬ 
inafter  provided;  and  the  remainder,  to  be  known  as  the 
reserve  militia.  The  reserve  militia  shall  be  subject  to  no 
active  duty  except  in  case  of  war,  invasion,  the  prevention 
of  invasion,  the  suppression  of  riots  and  to  aid  civil  officers 
in  the  execution  of  the  laws. 


Assessors  to 
annually 
make  and 
transmit 
returns  of 
enrolment. 


Keepers  of 
taverns,  etc., 
to  give 
information 
to  assessors. 


Enrolment  of  Persons  Subject  to  Military  Duty. 

Section  8.  Assessors  shall  annually,  in  May  or  June, 
make  a  list  of  persons  living  within  their  respective  limits 
liable  to  enrolment,  and  shall  place  a  certified  copy  thereof 
in  the  hands  of  the  clerks  of  their  respective  cities  and 
towns,  who  shall  place  it  on  file  with  the  records  of  such 
city  or  town,  and  annually,  in  May,  June  or  July,  transmit 
returns  of  the  militia  thus  enrolled  to  the  adjutant  general. 

Section  9.  Keepers  of  taverns  or  boarding  houses,  and 
masters  and  mistresses  of  dwelling  houses,  shall,  upon  ap¬ 
plication  of  the  assessors,  or  of  persons  acting  under  them, 


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give  information  of  the  persons  residing  in  their  houses, 
liable  to  enrolment  or  to  military  duty,  and  every  such  per¬ 
son  shall,  upon  like  application,  give  his  name  and  age; 
and  if  such  keeper,  master,  mistress  or  person  refuses  to 
give  such  information,  or  gives  false  information,  such 
keeper,  master  or  mistress  shall  forfeit  twenty  dollars,  and 
such  person  shall  forfeit  twelve  dollars,  to  be  recovered  on 
complaint  of  any  of  the  assessors. 

Calling  Out  and  Organizing  for  Active  Duty. 

Section  10.  When  it  is  necessary  to  call  out  any  portion 
of  the  reserve  militia  for  active  duty,  the  commander-in¬ 
chief  shall  direct  his  order  to  the  mayor  and  aldermen  or 
to  the  selectmen,  who  shall  forthwith,  by  written  order  or 
oral  notice  to  each  individual,  or  by  proclamation,  appoint 
a  time  and  place  for  the  assembling  of  the  reserve  militia 
in  their  city  or  town,  and  shall  then  and  there  draft  as 
many  thereof,  or  accept  as  many  volunteers,  as  are  required 
by  the  order  of  the  commander-in-chief,  and  shall  forthwith 
forward  to  him  a  list  of  the  persons  so  drafted  or  accepted 
as  volunteers. 

Section  11.  Every  member  of  the  reserve  militia  so 
ordered  out,  or  who  volunteers  or  is  detached  or  drafted, 
who  does  not  appear  at  the  time  and  place  designated  by 
the  mayor  and  aldermen  or  selectmen,  or  who  has  not  some 
proper  substitute  at  such  time  and  place,  or  does  not  pay 
to  such  mayor  and  aldermen  or  selectmen,  for  the  use  of 
the  commonwealth,  seventy-five  dollars,  within  twenty-four 
hours  after  such  time,  or  who  does  not  produce  a  sworn 
certificate,  from  a  physician  in  good  standing,  of  physical 
disability  so  to  appear,  shall  be  taken  to  be  a  deserter,  and 
dealt  with  accordingly.  The  portion  of  the  reserve  militia 
so  accepted  shall  immediately  be  mustered  into  the  service 
of  the  commonwealth  for  three  years,  or  for  such  less  period 
as  the  commander-in-chief  may  direct,  and  shall  be  organ¬ 
ized  into  companies,  which  may  be  arranged  in  battalions 
or  regiments,  or  assigned  to  organizations  of  the  volunteer 
militia  already  existing.  Such  new  organizations  shall  be 
officered,  equipped,  trained  and  governed  according  to  the 


Method  of 
calling  out 
reserve 
militia. 


Penalty  for 
failure  to 
appear  or  to 
furnish 
substitute. 


Muster-in, 
organization, 
etc.,  of  re¬ 
serve  militia 
accepted. 


12 


Personal 
staff  of  the 
commander- 
in-chief. 


Term  of  office 
of  staff  of 
commander- 
in-chief. 


Military  and 
administra¬ 
tive  staff. 


Chief  and 
assistant 
chiefs  of  staff. 


Eligibility  to 
appointment 
or  detail  on 
staffs  of 
commander- 
in-chief. 


laws  of  the  government  of  the  volunteer  militia.  Elections 
shall  forthwith  be  ordered  in  such  new  organizations  by  the 
commander-in-chief,  who  may  detail  officers  to  train  and 
command  them  until  the  officers-elect  shall  have  qualified 
and  shall  have  passed  the  examination  required  by  section 
sixty-three. 

Staff  of  the  Commander-in-Chief  and  its  Duties. 

Section  12.  [As  amended  by  chapter  720,  Acts  of  1912.] 
The  personal  stall  of  the  commander-in-chief  shall  con¬ 
sist  of :  — 

2  aides-de-camp,  each  with  rank  not  higher  than  captain; 

8  aides-de-camp,  to  be  detailed  from  the  commissioned  officers 
of  the  Massachusetts  volunteer  militia,  but  not  to  be  re¬ 
lieved  from  duty  with  their  organizations  while  serving 
in  this  capacity. 

In  time  of  war  the  commander-in-chief  may  appoint  such 
additional  stall  officers  as  the  service  may  require,  with  such 
rank,  not  higher  than  that  of  colonel,  as  he  may  designate. 
The  above  aides-de-camp,  except  those  detailed,  shall  be 
commissioned  and  hold  office  until  their  successors  are  ap¬ 
pointed  and  qualified,  but  they  may  be  removed  at  any 
time  by  the  commander-in-chief.  This  act  shall  not  affect 
the  rank  or  position  of  the  present  appointed  aides. 

The  military  and  administrative  staff  of  the  commander- 
in-chief  shall  consist  of :  — 

The  adjutant  general,  with  the  rank  of  brigadier  general,  who 
shall,  ex  officio,  be  chief  of  staff,  such  officers  of  the 
United  States  army  or  navy  as  may  be  detailed  as  assist¬ 
ant  chiefs  of  staff,  together  with  the  chiefs  of  the  in¬ 
spector  general’s  department,  judge  advocate  general’s  de¬ 
partment,  quartermaster’s  department,  subsistence  depart¬ 
ment,  pay  department,  medical  department  and  ordnance 
department. 

No  person  shall  be  eligible  to  appointment  or  detail  as 
an  aide  on  the  personal  staff  of  the  commander-in-chief, 
or  on  the  military  and  administrative  staff  of  the  com- 


13 


mander-in-ehief,  unless  he  has  served  six  years  in  the  volun¬ 
teer  militia  of  the  commonwealth,  at  least  two  years  of 
which  shall  have  been  as  a  commissioned  officer,  or  unless 
he  is  in  the  active  service  of  the  United  States  army  or 
navy. 

The  terms  of  office  of  the  chiefs  of  the  above  named 
departments  shall  be  five  years,  as  provided  in  chapter  four 
hundred  and  forty-nine  of  the  acts  of  the  year  nineteen 
hundred  and  eleven.  The  term  of  office  of  any  adjutant 
general  shall  hereafter  be  five  years:  provided,  however, 
that  if  no  vacancy  in  said  office  exists  at  the  date  of  the 
passage  of  this  act,  the  term  of  the  incumbent  of  the  office 
at  that  date  shall  be  five  years  from  the  passage  of  this 
act  [refers  to  chapter  720,  Acts  of  1912,  approved  June  6, 
1912].  Any  adjutant  general  shall  be  eligible  for  reap¬ 
pointment. 

Section  13.  The  adjutant  general  shall  distribute  all 
orders  from  the  commander-in-chief;  obey  all  orders  from 
him  relative  to  carrying  into  execution  and  perfecting  the 
system  of  military  discipline  established  by  the  laws  of  the 
commonwealth  and  of  the  United  States ;  furnish  blank 
forms  for  the  different  returns  and  rolls  as  required;  re¬ 
ceive  from  the  several  officers  of  the  volunteer  militia 
returns  of  the  militia  under  their  command,  which  they 
are  hereby  required  to  make,  reporting  the  actual  condi¬ 
tion  of  their  uniforms,  arms,  accoutrements  and  ammuni¬ 
tion,  their  delinquencies  and  every  other  thing  relating  to 
the  advancement  of  good  order  and  discipline;  and  from 
said  returns  he  shall  make  proper  abstracts  and  lay  the 
same  annually  before  the  commander-in-chief;  and  he  shall 
annually,  on  and  as  of  the  first  Monday  in  January,  make 
a  return  in  duplicate  of  the  militia  of  the  commonwealth, 
with  the  condition  of  their  uniforms,  arms,  accoutrements, 
and  ammunition,  according  to  such  directions  as  he  may 
receive  from  the  secretary  of  war  of  the  United  States,  one 
copy  of  which  he  shall  deliver  to  the  commander-in-chief 
and  the  other  copy  of  which  he  shall  transmit  to  the  secre¬ 
tary  of  war.  He  shall  also,  subject  to  the  orders  of  the 
commander-in-chief,  attend  to  the  prosecution  of  soldiers’ 
claims.  The  adjutant  general  shall  also  make  returns  to 


Terms  of  office 
of  chiefs  of 
departments. 
(See  chap. 
449,  Acts  of 
1911,  printed 
herein  after 
section  20.) 
Term  of  office 
of  adjutant 
general. 


Adjutant 
general, 
duties,  etc. 


14 


Salaries  of 
adjutant 
general, 
clerks,  etc. 


the  secretary  of  war  of  the  United  States,  at  such  times  and 
in  such  form  as  the  secretary  of  war  shall  from  time  to  time 
prescribe,  of  the  strength  of  the  organized  militia,  and  such 
reports  as  may,  from  time  to  time,  be  required  by  the  secre¬ 
tary  of  war. 

Section  14.  [As  amended  by  chapter  348,  Acts  of  1910, 
and  chapter  593,  Acts  of  1912.]  The  adjutant  general  shall 
receive  a  salary  of  thirty-six  hundred  dollars  a  year.  An 
adjutant  general  (rank  of  lieutenant  colonel),  adjutant 
general’s  department,  shall  receive  a  salary  of  eighteen 
hundred  dollars  a  year.  The  adjutant  general  may  employ 
four  clerks,  one  at  a  salary  of  twenty-two  hundred  dollars 
a  year,  one  at  a  salary  of  two  thousand  dollars  a  year,  one 
at  a  salary  of  sixteen  hundred  dollars  a  year,  and  one  at  a 
salary  of  twelve  hundred  dollars  a  year,  and  a  messenger 
at  a  salary  of  eight  hundred  dollars  a  year.  He  may  em¬ 
ploy  such  additional  clerks  and  other  assistants  as  may  be 
necessary  in  his  department,  at  an  expense  in  all  not 
exceeding  eighty-five  hundred  dollars  a  year. 


VOLUNTEER  MILITIA. 


Designation, 

etc. 


Strength  of 
volunteer 
militia  in  time 
of  peace. 


Organization  and  Disbandment. 

Section  15.  The  active  or  organized  militia  shall  be 
composed  of  volunteers,  and  shall  be  designated  the  Massa¬ 
chusetts  Volunteer  Militia.  It  shall  be  ordered  into  service 
to  resist  invasion,  to  quell  insurrection,  to  aid  civil  officers 
in  the  suppression  of  riots,  in  the  execution  of  the  laws  or 
in  time  of  public  danger,  before  the  reserve  militia  is  called 
out. 

Section  16.  In  time  of  peace  the  active  volunteer  militia 
shall  consist  of  not  more  than  sixty  companies  of  infantry, 
four  troops  of  cavalry,  three  batteries  of  field  artillery,  a 
coast  artillery  corps  containing  not  more  than  twelve  com¬ 
panies,  two  corps  of  cadets,  the  naval  militia,  the  following 
staff  corps:  (1)  a  signal  corps;  (2)  a  corps  of  engineers; 
and  the  following  departments:  (1)  adjutant  general’s  de¬ 
partment,  (2)  inspector  general’s  department,  (3)  judge 
advocate  general’s  department,  (4)  quartermaster’s  depart¬ 
ment,  (5)  subsistence  department,  (6)  medical  department, 


A 


15 


(7)  pay  department,  (8)  ordnance  department;  and  such 
other  organizations  and  staff  corps  and  departments  as  the 
commander-in-chief  may  direct  under  section  twenty-six  of 
this  act. 

Section  17.  The  commander-in-chief  shall  arrange  the 
infantry,  artillery  and  cavalry  into  regiments,  battalions, 
and  squadrons  and,  when  necessary,  into  unattached  com¬ 
panies,  and  into  not  more  than  two  brigades.  There  shall 
not  be  more  than  five  regiments  of  infantry. 

Section  18.  (a)  For  purposes  of  administration  and 

convenience,  the  Massachusetts  volunteer  militia  shall  be 
divided  into  the  staff  of  the  commander-in-chief,  the  na¬ 
tional  guard,  the  naval  militia,  and  the  retired  list.  The 
naval  militia  shall  comprise  the  naval  bureau  and  the  naval 
brigade,  or  such  other  naval  organization  or  organizations 
as  may  be  allowed  by  law.  The  national  guard  shall  com¬ 
prise  all  other  organizations  of  the  Massachusetts  volunteer 
militia. 

( b )  The  national  guard  as  at  present  constituted,  shall 
consist  of :  — 

The  adjutant  general’s  department; 

The  inspector  general’s  department; 

The  judge  advocate  general’s  department; 

The  quartermaster’s  department; 

The  subsistence  department; 

The  medical  department; 

The  pay  department; 

The  ordnance  department; 

The  corps  of  engineers; 

The  signal  corps; 

The  coast  artillery  corps; 

2  brigades  of  infantry  (comprising  a  total  of  5  regiments)  ; 

1  squadron  of  cavalry  (comprising  a  total  of  4  troops)  ; 

1  battalion  of  field  artillery  (comprising  a  total  of  3  bat¬ 

teries)  ; 

2  corps  of  cadets. 

(c)  [As  amended  by  section  1,  chapter  365,  Acts  of 
1912.]  The  naval  militia  as  at  present  constituted,  shall 

*  consist  of :  — 


* 


Arrangement 
into  brigades, 
regiments, 
etc. 


Divided  into 
staff  of 
commander- 
in-chief, 
national 
guard,  naval 
militia,  and 
retired  list. 


National 

guard. 


Naval 

militia. 


The  naval  brigade. 


16 


Organization, 
etc.,  corps 
of  cadets. 


Adjutant 

general’s 

department. 


Inspector 

general’s 

department. 


Judge  advo¬ 
cate  general’s 
department. 


Section  19.  To  each  corps  of  cadets  there  shall  be  one 
lieutenant  colonel,  one  major,  and  a  staff  as  provided  for  a 
battalion  of  infantry:  and  there  shall  be  such  number  of 
line  officers,  not  exceeding  four  captains,  four  first  lieu¬ 
tenants  and  four  second  lieutenants,  and  of  noncommis¬ 
sioned  staff  officers  and  noncommissioned  officers,  musicians 
and  privates,  as  the  commander-in-chief  shall  deem  expe¬ 
dient.  The  corps  of  cadets  shall  be  instructed,  armed  and 
equipped  as  the  commander-in-chief  shall  direct,  and  shall 
receive  the  same  compensation  and  allowances  as  separate 
battalions  of  infantry;  they  shall  remain  unattached,  sub¬ 
ject  only  to  the  orders  of  the  commander-in-chief,  except  as 
provided  in  section  one  hundred  and  forty-two. 

Present  Organization. 

Section  20.  [As  amended  by  chapter  228,  Acts  of  1910; 
chapters  145,  326  and  633,  Acts  of  1911;  and  chapters  365 
and  720,  Acts  of  1912;  and  affected  by  chapter  449,  Acts  of 
1911.]  The  adjutant  general’s  department  shall  con¬ 
sist  of :  — • 

The  adjutant  general,  chief  of  staff ; 

1  adjutant  general,  with  the  rank  of  lieutenant  colonel; 

2  adjutants  general,  with  the  rank  of  major. 

The  inspector  general’s  department  shall  consist  of :  — 

1  inspector  general,  chief  of  the  department;  [See  chapters  145 
and  449,  Acts  of  1911,  at  end  of  section  20.] 

Not  over  6  inspectors  general,  with  the  rank  of  lieutenant 
colonel  or  equivalent  naval  ranks; 

Not  over  2  inspectors  general,  with  the  rank  of  major; 

Such  other  inspectors  as  may  be  detailed  from  the  active  or 
reserve  list  of  the  volunteer  militia. 

The  judge  advocate  general’s  department  shall  con¬ 
sist  of :  — 

1  judge  advocate  general,  chief  of  the  department;  [See  chap¬ 

ters  145  and  449,  Acts  of  1911,  at  end  of  section  20.] 

2  judge  advocates,  with  the  rank  of  major. 


17 


The  quartermaster’s  department  shall  consist  of :  — 

1  quartermaster  general,  chief  of  the  department;  [See  chap¬ 
ters  145  and  449,  Acts  of  1911,  at  end  of  section  20.] 

1  deputy  quartermaster  general,  with  the  rank  of  lieutenant 

colonel ; 

3  quartermasters,  with  the  rank  of  major; 

2  quartermasters,  with  the  rank  of  captain;  and  not  over  10 

post  quartermaster  sergeants  and  such  additional  post 
quartermaster  sergeants  as  may  be  appointed  by  the  com¬ 
mander-in-chief  from  the  armorers  and  assistant  armorers 
of  state  armories. 

The  subsistence  department  shall  consist  of :  — 

1  commissary  general,  chief  of  the  department;  [See  chapters 

145  and  449,  Acts  of  1911,  at  end  of  section  20.] 

2  commissaries,  with  the  rank  of  major; 

Not  over  4  post  commissary  sergeants. 

The  pay  department  shall  consist  of :  — 

1  paymaster  general,  chief  of  the  department;  [See  chapters 
145  and  449,  Acts  of  1911,  at  end  of  section  20.] 

Not  over  10  paymasters,  with  the  rank  of  captain. 

The  medical  department  shall  consist  of :  — 

1  surgeon  general,  chief  of  the  department,  whose  rank  after 
the  present  incumbent  has  ceased  to  hold  office  shall  not 
be  higher  than  colonel.  [See  chapters  145  and  449,  Acts 
of  1911,  at  end  of  section  20.] 

A  medical  corps  consisting  of :  — 

Not  over  11  majors; 

Not  over  10  captains; 

Not  over  23  first  lieutenants  and  a  hospital  corps. 

A  hospital  corps  consisting  of :  — 

Not  over  11  sergeants,  first  class; 

Not  over  30  sergeants; 

Not  over  148  privates,  first  class,  and  privates. 

For  purpose  of  pay  for  rendezvous  drills,  these  may  be  dis¬ 
tributed  in  companies  and  detachments. 


Quarter¬ 

master’s 

department. 


Subsistence 

department. 


Pay  depart¬ 
ment. 


Medical 

department. 

Surgeon 

general. 


Medical 

corps. 


Hospital 

corps. 


18 


Distribution 
of  hospital 
corps  among 
different 
commands. 


Ambulance 

company. 


Field 

hospital. 


Assignment 
of  detachment 
of  hospital 
corps  to 


Extract  from  General  Orders,  No.  22,  The  Adjutant  General’s 
Office,  dated  August  23,  1912. 


The  following  executive  order  is  published  for  the  informa¬ 
tion  and  guidance  of  the  Massachusetts  Volunteer  Militia:  — 

The  Commonwealth  op  Massachusetts, 

Executive  Department,  Boston,  July  31,  1912. 


The  Hospital  Corps  of  the  Medical  Department  may  for  in¬ 
struction  purposes  or  otherwise  be  distributed  among  the  differ¬ 
ent  commands;  also  in  conformity  with  Paragraphs  230  and 
231,  Regulations  for  the  Organized  Militia,  1911,  under  the 
Constitution  and  the  LawTs  of  the  United  States,  Ambulance 
Companies  and  Field  Hospitals  may  be  organized  as  follows:  — 

An  Ambulance  Company  to  consist  of  the  following  enlisted 
personnel  from  the  Hospital  Corps,  viz. :  — 

2  sergeants,  1st  class, 

7  sergeants, 

45  privates,  1st  class,  and  privates. 

54  total  enlisted. 

One  captain  and  four  lieutenants  of  the  Medical  Corps  shall 
be  assigned  to  duty  with  an  Ambulance  Company. 

A  Field  Hospital  to  consist  of  the  following  enlisted  per¬ 
sonnel  from  the  Hospital  Corps,  viz. :  — 

3  sergeants,  1st  class, 

6  sergeants, 

27  privates,  1st  class,  and  privates. 

36  total  enlisted. 

One  major  and  four  captains  or  first  lieutenants  of  the 
Medical  Corps  shall  be  assigned  to  duty  with  a  Field  Hospital. 

In  each  regiment  of  infantry  and  the  Coast  Artillery  Corps 
there  shall  be  assigned  to  duty  the  following  enlisted  personnel 
as  detachments  from  the  Hospital  Corps,  viz. :  — 


19 


1  sergeant,  1st  class, 

2  sergeants, 

9  privates,  1st  class,  and  privates. 

12  total  enlisted. 

To  each  unattached  battalion,  squadron,  corps  of  cadets:  — 
1  sergeant, 

5  privates,  1st  class,  and  privates. 

6  total  enlisted. 

To  the  Signal  Corps :  — 

1  sergeant, 

2  privates,  1st  class,  and  privates. 

3  total  enlisted. 


The  ordnance  department  shall  consist  of :  — 

1  chief  of  ordnance;  [See  chapters  145  and  449,  Acts  of  1911, 
at  end  of  section  20.] 

Not  over  2  majors; 

Not  over  6  captains; 

Not  over  4  first  lieutenants; 

Not  over  1  ordnance  sergeant. 

Any  departmental  officer  may  be  detailed  from  the  line. 

The  corps  of  engineers  shall  consist  of :  — 

1  major,  acting  chief  of  engineers; 

1  captain. 

The  signal  corps  shall  consist  of :  — 

1  captain; 

3  first  lieutenants; 

5  sergeants,  first  class; 

5  sergeants; 

10  corporals; 

2  cooks ;  % 

18  privates,  first  class; 

18  privates; 


regiment  of 
infantry  and 
coast  artil¬ 
lery  corps. 


To  battalion 
squadron  or 
corps  of 
cadets. 


To  signal 
corps. 


Ordnance 

department. 


Detail. 

Corps  of 
engineers. 


Signal  corps. 


58  total  enlisted. 


20 


Coast  artil¬ 
lery  corps. 


Election  and 
appointment 
of  officers  and 
appointment 
of  noncom¬ 
missioned 
officers  of 
coast  artil¬ 
lery  corps. 


Power  to 
increase  or 
decrease  en¬ 
listed  strength 
of  coast  artil¬ 
lery  corps. 


The  coast  artillery  corps  shall  consist  of :  — 

1  colonel,  chief  of  coast  artillery;  [See  section  94.] 
1  lieutenant  colonel; 

3  majors; 

4  captains; 

3  first  lieutenants; 

3  second  lieutenants; 

1  chaplain; 

1  sergeant  major,  senior  grade; 

2  master  electricians; 

12  engineers; 

6  electrician  sergeants,  first  class; 

6  electrician  sergeants,  second  class; 

3  master  gunners; 

3  sergeants  major,  junior  grade; 

12  firemen,  —  a  band  of  28  total  enlisted; 

12  companies  of  coast  artillery. 


The  coast  artillery  corps  shall  be  considered  a  regiment 
in  all  matters  of  administration  and  law,  unless  especially 
excepted  in  law  or  orders. 

The  colonel,  lieutenant  colonel  and  majors  shall  be  elected 
by  the  officers  of  the  companies,  as  vacancies  occur,  under 
elections  ordered  by  the  commander-in-chief.  The  captains, 
first  lieutenants,  second  lieutenants  and  chaplain  of  the 
corps,  and  corps  noncommissioned  officers  and  enlisted  men, 
shall  be  appointed,  warranted  or  enlisted  by  the  chief  of 
coast  artillery.  Company  officers  shall  be  elected  as  pre¬ 
scribed  by  law  for  companies. 

The  commander-in-chief  shall  have  power  to  increase  or 
decrease  the  enlisted  strength  of  any  coast  artillery  com¬ 
pany  whenever  in  his  judgment  the  best  interests  of  the 
service  demand  such  change,  provided  that  no  company  is 
decreased  below  the  minimum  or  increased  beyond  the 
maximum  prescribed  for  such  a  company  by  the  war  de¬ 
partment. 


21 


A  coast  artillery  corps  band  shall  consist  of :  — 

1  chief  musician; 

1  chief  trumpeter; 

1  principal  musician; 

1  drum  major; 

4  sergeants; 

8  corporals; 

1  cook; 

11  privates; 

28  total  enlisted. 

A  coast  artillery  corps  company  shall  consist  of :  — 

1  captain; 

1  first  lieutenant; 

1  second  lieutenant; 

1  first  sergeant; 

1  quartermaster  sergeant; 

and  such  number  and  grades  of  enlisted  men  as  may  be  pre¬ 
scribed  by  the  commander-in-chief  as  in  his  judgment  the 
best  interests  of  the  service  may  require,  provided  that  no 
company  is  decreased  below  the  minimum  or  increased 
beyond  the  maximum  prescribed  for  such  a  company  by 
the  United  States  war  department. 

The  minimum  enlisted  strength  shall  be  forty-one. 

To  each  brigade  of  infantry  there  shall  be :  — 

1  brigadier  general;  [See  section  93]  his  staff  shall  consist  of 
2  aides-de-camp,  with  the  rank  of  first  lieutenant. 

The  brigade  commander  may  detail  from  the  troops  under 
his  command  such  number  of  noncommissioned  officers  and 
enlisted  men  as  may  be  necessary  to  act  as  noncommis¬ 
sioned  staff,  clerks,  orderlies,  and  the  like.  All  officers, 
noncommissioned  officers  and  enlisted  men  attached  to  bri¬ 
gade  headquarters  shall  be  entitled  to  be  mounted.  A  bri¬ 
gade  shall  contain  two  or  three  regiments. 


» 


Coast  artil¬ 
lery  corps 
band. 


Coast  artil¬ 
lery  corps 
company. 


Brigade  of 
infantry. 

Staff  of  briga¬ 
dier  general. 


Detail  by 
brigade  com¬ 
mander  of 
noncommis¬ 
sioned  officers 
and  men. 


22 


Regiment  of 
infantry. 


Infantry 

band. 


Infantry 

company. 


To  each  regiment  of  infantry  there  shall  be :  — 

1  colonel;  [See  section  94.] 

1  lieutenant  colonel; 

3  majors;  and  a  staff  consisting  of:  — 

1  captain,  regimental  adjutant; 

1  captain,  quartermaster; 

1  captain,  commissary; 

3  first  lieutenants,  battalion  adjutants; 

3  second  lieutenants,  battalion  quartermasters  and  commis¬ 
saries  ; 

1  chaplain; 

1  sergeant  major; 

1  quartermaster  sergeant; 

1  commissary  sergeant; 

3  battalion  sergeants  major; 

2  color  sergeants,  —  a  band  of  28  total  enlisted ;  and 
12  companies  of  infantry. 

An  infantry  band  shall  consist  of :  — 

1  chief  musician; 

1  principal  musician; 

1  drum  major; 

4  sergeants; 

8  corporals; 

1  cook; 

12  privates; 

28  total  enlisted. 

An  infantry  company  shall  consist  of :  —  • 

1  captain; 

1  first  lieutenant; 

1  second  lieutenant; 

1  first  sergeant; 

1  quartermaster  sergeant; 

4  sergeants; 

6  corporals; 

2  cooks; 

1  artificer; 

2  musicians; 

43  privates; 

60  total  enlisted. 

The  minimum  enlisted  strength  shall  be  forty-one. 


23 


The  squadron  of  cavalry  shall  consist  of :  — 

1  major;  and  a  staff  consisting  of:  — 

1  first  lieutenant,  squadron  adjutant; 

1  second  lieutenant,  squadron  quartermaster  and  commissary; 

1  veterinarian; 

1  sergeant  major;  and 
4  troops  of  cavalry. 

General  Orders,  No.  22,  The  Adjutant  General’s  Office,  dated 
August  23,  1912,  prescribes  that:  — 

The  Squadron  of  Cavalry  shall  consist  of :  — 

1  major,  and  a  staff  consisting  of:  — 

1  first  lieutenant,  squadron  adjutant; 

1  second  lieutenant,  squadron  quartermaster  and  commissary; 

1  veterinarian; 

1  sergeant  major; 

1  sergeant  (supply  sergeant) ; 

3  privates  (orderlies)  ;  and 

4  troops  of  cavalry. 

A  troop  of  cavalry  shall  consist  of :  — 

1  captain; 

1  first  lieutenant ; 

1  second  lieutenant; 

1  first  sergeant; 

1  quartermaster  sergeant; 

6  sergeants; 

6  corporals; 

2  cooks; 

2  farriers  and  blacksmiths; 

1  saddler; 

1  wagoner; 

2  trumpeters; 

43  privates; 

65  total  enlisted. 

The  minimum  enlisted  strength  shall  be  forty-three. 


Squadron  of 
cavalry. 


Troop  of 
cavalry. 


24 


Battalion 
of  field 
artillery. 


Battery 
of  field 
artillery. 


The  battalion  of  field  artillery  shall  consist  of :  — 

1  major;  and  a  staff  consisting  of:  — 

1  captain,  battalion  adjutant; 

1  second  lieutenant,  battalion  quartermaster  and  commissary; 

1  veterinarian; 

1  sergeant  major; 

1  quartermaster  sergeant; 

1  musician  for  the  battalion  commander; 

2  privates  for  the  battalion  commander’s  reel  and  instruments; 

2  mounted  orderlies;  and 

3  batteries  of  field  artillery. 


A  battery  of  field  artillery  shall  consist  of :  — 

1  captain; 

2  first  lieutenants; 

2  second  lieutenants; 

1  first  sergeant; 

1  quartermaster  sergeant; 

1  stable  sergeant; 

6  sergeants; 

12  corporals; 

3  cooks; 

1  chief  mechanic; 

4  mechanics; 

2  musicians; 

102  privates; 


133  total  enlisted. 

The  minimum  enlisted  strength  shall  be  ninety. 


The  foregoing  shall  be  the  organization  for  a  battery 
armed  with  six  sections  of  the  three-inch  gun  battery.  Bat¬ 
teries  which  have  only  received  five  sections  shall  not  enlist 
more  than  one  hundred  and  twelve,  total  enlisted,  including 
five  sergeants,  ten  corporals,  two  cooks  and  eighty-five  pri¬ 
vates,  and  a  minimum  enlisted  strength  of  eighty,  until  the 
sixth  section  has  been  received. 


25 


To  each  corps  of  cadets  there  shall  be :  — 

1  lieutenant  colonel; 

1  major;  and  a  staff  consisting  of:  — 

1  first  lieutenant,  corps  adjutant; 

1  second  lieutenant,  corps  quartermaster  and  commissary  and, 
in  addition  thereto :  — 

4  captains; 

4  first  lieutenants; 

4  second  lieutenants; 

A  noncommissioned  staff  consisting  of :  — 

1  corps  sergeant  major;  and  in  each  so-called  company  or 
subdivision:  — 

1  first  sergeant; 

1  quartermaster  sergeant; 

6  sergeants; 

6  corporals; 

2  cooks; 

1  artificer; 

2  musicians; 

61  privates; 

80  total  enlisted. 


The  commander-in-chief  may  by  order  attach  officers  and 
enlisted  men  of  staff  departments  and  corps  to  brigades, 
regiments,  battalions  and  other  organizations  for  duty  there¬ 
with,  and  shall  so  detail  such  officers  and  enlisted  men  as 
may  be  necessary  to  comply  with  the  provisions  of  United 
States  laws  concerning  the  militia.  He  shall  detail  a  quar¬ 
termaster  with  the  rank  of  captain  to  act  as  superintendent 
of  the  state  arsenal.  He  shall  form,  from  the  hospital  corps 
an  ambulance  company  section,  to  be  instructed  and  drilled 
as  such. 

The  officers  of  the  ordnance  department  shall  act  as  in¬ 
spectors  of  small  arms  practice,  and  shall  be  detailed  by  the 
commander-in-chief  to  such  organizations  as  he  deems  advis¬ 
able  for  that  duty.  The  chief  of  ordnance  shall  perform  all 
the  duties  required  by  law  of,  and  shall  act  as,  the  inspector 
general  of  small  arms  practice,  and  the  officers  of  the  ord- 
'  nance  department  on  duty  with  organizations  shall  have 


Corps  of 
cadets. 


Commander- 
in-chief  may 
attach  officers 
and  men  of 
staff  depart¬ 
ments  and 
corps  to  or¬ 
ganizations. 


Inspectors  of 
small  arms 
practice. 


26 


Care  and 
control  of 
rifle  ranges. 


Rank  of 
chiefs  of  staff 
departments. 


Terms  of 
office  of  chiefs 
of  depart¬ 
ments.  (See 
chap.  720, 
Acts  of  1912, 
printed 
herein  as 
section  12.) 


and  perform  all  the  rights,  duties  and  obligations  conferred 
or  imposed  by  law  upon  inspectors  of  small  arms  practice. 

The  inspector  general  of  small  arms  practice,  under  the 
direction  of  the  adjutant  general,  shall  be  charged  with  the 
care  and  control  of  all  state  rifle  ranges  and  with  the  su¬ 
pervision  of  all  other  ranges  provided  for  the  small  arms 
practice  of  the  militia,  and  shall  supervise  the  expenditure 
of  such  public  funds  as  may  be  appropriated  by  the  com¬ 
monwealth  for  the  promotion  of  small  arms  practice. 

Chapter  145,  Acts  of  1911,  approved  March  15,  1911. 

Section  1.  The  rank  of  the  chief  of  the  inspector  gen¬ 
eral^  department,  judge  advocate  general’s  department, 
quartermaster’s  department,  subsistence  department,  pay 
department,  ordnance  department  and  medical  department 
shall  not  be  higher  than  that  of  colonel. 

Section  2.  The  chiefs  of  these  departments  shall  be  com¬ 
missioned  with  such  title  and  grade  as  may  be  necessary  to 
conform  to  the  requirements  of  the  laws  of  the  United 
States. 

Section  3.  This  act  shall  not  operate  to  reduce  the  rank 
of  any  officer  now  serving  as  chief  in  any  of  the  above 
named  departments,  but  shall  become  effective  in  each  de¬ 
partment  when  the  present  incumbent  dies,  resigns,  retires 
or  is  removed  in  accordance  with  law. 

Section  4.  The  chief  of  each  respective  department  shall 
act  as  and  have  ail  the  duties,  powers  and  obligations  pre¬ 
scribed  by  lawT  for  the  inspector  general,  judge  advocate 
general,  quartermaster  general,  commissary  general,  pay¬ 
master  general,  chief  of  ordnance  and  surgeon  general,  re¬ 
spectively. 

Section  5.  This  act  shall  take  effect  upon  its  passage. 

Chapter  449,  Acts  of  1911,  approved  May  13,  1911. 

Section  1.  The  term  of  office  of  the  inspector  general, 
the  judge  advocate  general,  the  quartermaster  general,  the 
commissary  general  of  subsistence,  the  surgeon  general,  the 
chief  of  the  pay  department,  the  chief  of  the  ordnance  de¬ 
partment  and  the  chief  of  the  naval  bureau  shall  hereafter 


27 


be  five  years :  provided,  however,  that  where  no  vacancy  in 
said  offices  exists  at  the  date  of  the  passage  of  this  act,  said 
term  of  five  years  shall  begin  to  run  at  said  date. 

Section  2.  The  officers  whose  terms  are  limited  by  sec¬ 
tion  one  of  this  act  shall  be  eligible  for  reappointment  sub¬ 
ject  to  the  provisions  of  section  forty-two  of  chapter  six 
hundred  and  four  of  the  acts  of  the  year  nineteen  hundred 
and  eight,  as  amended  by  chapter  two  hundred  and  ninety- 
nine  of  the  acts  of  the  year  nineteen  hundred  and  ten. 

Section  3.  This  act  shall  take  effect  upon  its  passage. 

Section  21.  [In  relation  to  naval  bureau;  repealed  by 
section  4,  chapter  365,  Acts  of  1912.] 

Section  22.  [As  amended  by  chapter  670,  Acts  of  1911, 
and  chapter  506,  Acts  of  1912.  Chapter  506,  Acts  of  1912, 
given  below,  is  substituted  for  this  section.] 

Chapter  506,  Acts  of  1912,  approved  April  18,  1912. 

Section  1.  Section  twenty-two  of  chapter  six  hundred 
and  four  of  the  acts  of  the  year  nineteen  hundred  and  eight, 
as  amended  by  chapter  six  hundred  and  seventy  of  the  acts 
of  the  year  nineteen  hundred  and  eleven,  is  hereby  further 
amended  by  striking  out  the  same  and  inserting  in  place 
thereof  the  following:  —  Section  22.  The  naval  brigade 
shall  consist  of  two  battalions  of  four  companies  each,  and 
an  engineer  battalion  of  two  divisions.  The  commander-in¬ 
chief  may  authorize  the  formation  of  not  more  than  four 
additional  companies,  either  as  separate  companies,  or  in 
any  of  the  battalions  thereof,  or  as  a  separate  battalion,  and 
may  order  the  election  of  such  additional  officers  as  may 
thereby  be  rendered  necessary;  one  of  the  companies  so 
authorized  may  be  a  marine  guard.  He  may  at  any  time 
disband  any  of  said  companies,  the  services  of  which  are  not 
required.  The  officers  of  the  naval  brigade  shall  be  one 
captain,  commanding  the  brigade,  with  rank  and  pay  cor¬ 
responding  to  those  of  a  colonel  of  infantry,  three  lieuten¬ 
ant  commanders,  who  shall  be  chiefs  of  battalion,  with  rank 
and  pay  corresponding  to  those  of  a  major  of  infantry;  a 
staff  consisting  of  a  surgeon,  a  brigade  adjutant,  an  ord- 


Naval 

brigade. 


Officers  of 

naval 

brigade. 


V 


28 


Rank  and 
pay. 


Petty 

officers. 


Organization 
of  company 
of  naval 
brigade. 


nance  officer,  who  shall  act  as  inspector  of  small  arms  prac¬ 
tice,  an  equipment  officer,  a  paymaster,  who  shall  be  the 
mustering  officer,  an  assistant  paymaster,  two  passed  assist¬ 
ant  surgeons,  one  assistant  surgeon,  and  a  signal  officer. 
The  surgeon  shall  have  the  rank  of  lieutenant  commander 
with  rank  and  pay  corresponding  to  those  of  a  major  of 
infantry.  The  other  staff  officers,  except  the  signal  officer, 
the  assistant  paymaster  and  the  assistant  surgeon,  shall 
have  the  rank  of  lieutenant,  with  rank  and  pay  correspond¬ 
ing  to  those  of  captains  of  infantry.  The  signal  officer, 
assistant  paymaster  and  assistant  surgeon  shall  have  the 
rank  of  lieutenant,  junior  grade,  with  rank  and  pay  cor¬ 
responding  to  those  of  first  lieutenants  of  infantry.  The 
following  petty  officers  shall  also  be  attached  to  the  brigade 
staff:  one  master-at-arms,  who  shall  be  the  chief  petty  offi¬ 
cer  of  the  brigade,  and  who  shall  have  rank  and  pay  cor¬ 
responding  to  those  of  a  sergeant  major  of  infantry:  and 
six  chief  potty  officers  of  such  designation  as  the  com¬ 
mander-in-chief  may  prescribe,  all  with  rank  and  pay  corre¬ 
sponding  to  those  of  the  noncommissioned  staff  of  infantry. 
There  shall  also  be  attached  to  the  headquarters  of  the  naval 
brigade  twelve  enlisted  men  of  the  commissary  and  mess- 
men  branches  with  such  ratings  as  the  commander-in-chief 
may  prescribe.  The  brigade  commander  shall  be  the  recruit¬ 
ing  officer  for  these  men  as  for  petty  staff  officers.  To  each 
company  of  the  naval  brigade  there  shall  be  one  lieutenant, 
who  shall  be  chief  of  company,  one  lieutenant,  junior  grade, 
and  one  ensign,  with  rank  and  pay  corresponding  to  those 
of  captains  and  first  and  second  lieutenants  of  infantry 
respectively.  The  petty  officers  and  seamen  of  each  com¬ 
pany  of  the  naval  brigade  shall  be  one  chief  petty  officer, 
with  rank  and  pay  of  sergeant  major,  not  more  than  six 
petty  officers  first  class,  with  rank  and  pay  of  first  ser¬ 
geants,  not  more  than  twelve  petty  officers,  first  and  second 
class,  the  petty  officers,  second  class,  to  have  the  rank  and 
pay  of  sergeants,  and  not  more  than  fifteen  petty  officers, 
first,  second  and  third  class,  combined;  petty  officers,  third 
class,  to  have  rank  and  pay  of  corporals;  the  ratings  to 
correspond  with  those  of  the  United  States  navy,  and  to 


# 


29 


be  confined  to  the  boatswain’s  mate  service,  gunner’s  mate 
service,  quartermaster’s  service,  with  the  exception  that  one 
master-at-arms  and  one  yeoman  for  each  company  may  be 
appointed  at  the  discretion  of  the  company  commander. 

There  shall  also  be  a  hospital  apprentice,  who,  with  one 
bugler  and  one  cook,  first  class,  shall  be  in  addition  to  the 
above,  and  shall  rank  as  seaman.  The  total  enlisted 
strength  of  a  company  shall  be  fiftj^-six  and  the  minimum 
forty-one.  In  appointing  petty  officers  of  the  different  rat¬ 
ings  in  the  classes  above  provided  for,  there  shall  be  not 
less  than  five  in  the  boatswain’s  mate  service,  including 
coxswains;  not  less  than  two  in  the  quartermaster’s  service; 
not  less  than  two  in  the  gunner’s  mate  service. 

An  engineer  division  shall  consist  of  one  lieutenant,  who  Engineer 
shall  be  chief  of  division,  one  lieutenant,  junior  grade,  and  dlvlsxon- 
one  ensign,  with  rank  and  pay  corresponding  to  those  of 
company  officers  of  corresponding  grade  in  the  naval  bri¬ 
gade;  and  of  such  petty  officers  and  other  enlisted  men 
as  the  commander-in-chief  may  prescribe. 

The  total  enlisted  strength  shall  be  eighty  and  the  mini¬ 
mum  fifty-five. 

The  engineer  division  shall  be  a  company,  subject  to  all 
the  provisions  of  this  act  applying  to  companies. 

The  enlisted  men  in  the  engineer’s  division  shall  fulfill 
the  requirements  for  enlistment  in  the  volunteer  militia,  and 
shall  be  mechanics,  steam  fitters,  steam  engineers,  or  fire¬ 
men  of  such  experience  as  will  fit  them  for  their  several 
ratings. 

A  marine  guard  shall  consist  of  one  first  lieutenant,  with  Marine 
the  rank  and  pay  corresponding  to  those  of  first  lieutenant  guaid- 
of  infantry,  and  such  noncommissioned  officers  and  privates 
as  the  commander-in-chief  may  prescribe.  The  total  enlisted 
strength  of  the  guard  shall  be  thirty-six  and  the  minimum 
twenty.  The  marine  guard  shall  be  armed,  uniformed, 
equipped,  drilled  and  instructed  in  the  same  manner  as  in 
the  United  States  marine  corps. 

The  seamen  and  privates  shall  receive  the  same  pay  as  pay. 
enlisted  men  in  companies  of  infantry.  The  duty  of  the 
naval  brigade  may  be  performed  afloat. 


1 


30 


Section  2.  This  act  shall  not  affect  the  rank  or  pay  of 
the  present  assistant  paymaster  and  assistant  surgeon,  but 
on  their  death,  retirement  or  resignation,  shall  take  effect  as 
to  their  successors. 

Section  3.  The  two  senior  assistant  surgeons  now  com¬ 
missioned  shall  hereby  become  passed  assistant  surgeons 
without  new  appointment,  and  their  commissions  shall  be 
endorsed  accordingly. 

Section  4.  So  far  as  is  practicable  the  regulations  for 
the  government  of  the  United  States  navy  shall  apply  to 
the  naval  militia. 

Section  5.  This  act  shall  take  effect  upon  its  passage. 


Noncommis¬ 
sioned  officers, 
appointment, 
etc. 


Organization 
to  conform 
to  laws  of 
United  States. 


Maximum 
and  minimum 
strength. 


Section  23.  [Published  a  summary  of  the  strength  of  the 
Massachusetts  Volunteer  Militia  at  the  date  of  the  approval 
of  the  act,  June  11,  1908,  and  is  of  no  interest  at  date  of 
this  publication  of  the  law.] 

Section  24.  [Applied  to  certain  supernumerary  officers, 
and  is  of  no  interest  at  date  of  this  publication  of  the  law.] 

Section  25.  Commanding  officers  shall  warrant,  appoint, 
enlist,  or  keep  warranted,  appointed  or  enlisted,  the  number 
of  noncommissioned  staff  officers,  noncommissioned  officers 
and  other  enlisted  men  specified  herein  or  required  in  orders 
of  the  commander-in-chief.  The  organization  of  the  Massa¬ 
chusetts  volunteer  militia  shall  remain  as  herein  consti¬ 
tuted,  until  changed  by  the  commander-in-chief  as  provided 
in  the  following  sections,  or  in  section  nineteen. 

Section  26.  The  commander-in-chief  shall  from  time  to 
time  prescribe  in  orders  the  organization  of  the  Massachu¬ 
setts  volunteer  militia  in  such  a  manner  as  to  make  the 
said  organization  conform  to  the  requirements  for  the  volun¬ 
teer  militia  of  the  laws  of  the  United  States. 

Section  27.  Whenever,  by  authority  of  this  act  or  by 
existing  law,  the  commander-in-chief  increases  the  maximum 
of  any  organization  of  the  militia  to  conform  to  the  direc¬ 
tions  issued  by  the  president  of  the  United  States  or  by  the 
United  States  war  department,  he  shall  increase  the  mini¬ 
mum  number  authorized  to  be  enlisted  by  an  amount  not  in 
excess  of  the  number  by  which  he  has  so  raised  the  max¬ 
imum. 


31 


Section  28.  The  maximum  for  the  strength  of  a  com¬ 
pany  prescribed  by  this  act  shall  continue  in  force  so  long 
as  it  is  greater  than  the  minimum  which  the  president  of  the 
United  States  may  fix  under  United  States  law,  and  shall 
be  increased  by  order  of  the  commander-in-chief  to  the 
strength  designated  by  the  president  whenever  the  minimum 
so  designated  becomes  greater  than  the  maximum  pre¬ 
scribed  by  this  act. 

Section  29.  The  commander-in-chief  may  from  time  to 
time,  by  order,  prescribe  the  numbers,  titles  and  duties  of 
noncommissioned  staff  officers,  noncommissioned  officers, 
musicians,  artificers  and  cooks  in  the  naval  militia  to  con¬ 
form  to  the  custom  in  the  navy  of  the  United  States,  as  the 
interest  of  the  service  may  in  his  opinion  from  time  to  time 
demand. 

Section  30.  The  commander-in-chief  may  from  time  to 
time,  by  order,  prescribe  the  number  of  officers  and  enlisted 
men  to  be  mounted,  and  the  number  of  draft  horses  for  each 
carriage,  wagon  or  gun,  to  conform  to  the  practice  in  the 
regular  army,  or  to  conform  to  the  provisions  of  the  act  of 
congress  of  January  twenty-first,  nineteen  hundred  and 
three,  relative  to  organizing,  arming  and  equipping  the 
militia,  and  acts  in  amendment  thereof,  and  to  the  army 
regulations  and  orders  made  under  said  provisions. 

Section  31.  The  commanding  officer  of  a  battalion  of 
field  artillery,  squadron  of  cavalry,  corps  of  cadets,  or  naval 
brigade,  may  employ  or  raise  by  enlistment  a  band  of 
musicians,  not  exceeding  twenty-four  in  number,  to  be  under 
his  command.  Such  musicians  while  on  duty  shall  be  sub¬ 
ject  to  all  laws  and  regulations  for  the  government  of  the 
militia,  except  that  they  may  not  be  mustered  in,  except  in 
the  naval  brigade. 

Section  32.  Petitions  for  organizing  volunteer  compa¬ 
nies,  accompanied  by  the  approval  of  the  mayor  and  aider- 
men  of  cities  or  of  the  selectmen  of  towns  in  which  a  ma¬ 
jority  of  the  petitioners  reside,  may  be  granted  by  the 
commander-in-chief,  due  regard  being  had  to  a  proper  dis- 
trioution  of  the  force  throughout  the  commonwealth;  but 
no  new  company  shall  be  organized  except  as  provided  in 


Numbers, 
titles,  etc., 
of  noncom¬ 
missioned 
officers,  etc 


Number  of 
officers  and 
enlisted  men 
to  be  mounted. 


Bands  for 
field  artillery, 
cavalry, 
cadets,  or 
naval  brigade. 


Organizing 
new  com¬ 
panies. 


32 


Disband' 

ment. 


Annual  re¬ 
port  chiefs 
of  depart¬ 
ments,  etc. 


Inspection  of 
organizations, 
armories, 
property,  etc. 


Surgeon  gen¬ 
eral,  salary 
and  duties. 


Duties  of 
judge  advocate 
general. 


Officers  not 
to  be  pecunia¬ 
rily  interested 
in  purchases 
and  sales, 
etc. 


section  eleven,  if  thereby  the  whole  number  of  companies 
would  exceed  the  number  established  by  this  act. 

Section  33.  The  commander-in-chief  may  disband  any 
company  of  the  volunteer  militia  falling  below  the  proper 
standard  of  efficiency. 

Section  34.  Chiefs  of  all  staff  corps  and  departments 
and  of  the  coast  artillery  corps  shall  annually  make  a  report 
to  the  adjutant  general  on  December  fifteenth. 

Section  35.  The  inspector  general,  or  such  other  officers 
as  the  commander-in-chief  shall  designate,  shall  inspect  once 
in  every  year,  and  oftener  if  the  commander-in-chief  shall 
deem  it  necessary,  all  headquarters,  armories  and  state 
property  in  the  hands  of  the  militia,  and  shall  report  the 
condition  of  the  same,  and  what  is  a  proper  allowance  for 
rent.  The  superintendent  of  the  state  arsenal  may,  under 
orders,  inspect  state  property  in  armories  and  ascertain 
what  supplies  are  needed.  The  inspector  general,  or  his 
assistants  under  his  orders,  may  inspect  any  organization 
at  any  time  when  the  troops  thereof  are  under  arms,  or  in 
attendance  at  their  armories;  but  such  inspections  shall  not 
constitute  tours  of  duty  for  which  pay  will  be  allowed. 

Section  36.  The  surgeon  general  shall  receive  a  salary 
of  twelve  hundred  dollars  a  year;  and,  subject  to  the  orders 
of  the  commander-in-chief,  shall  have  general  supervision 
and  control  of  all  matters  pertaining  to  the  medical  depart¬ 
ment  of  the  militia,  and  shall  prescribe  the  physical  and 
mental  disabilities  exempting  from  military  duty.  He  shall 
purchase  and  issue  all  medical  and  hospital  supplies,  and 
shall  perform  such  other  official  duties  as  the  commander- 
in-chief  shall  direct. 

Section  37.  The  judge  advocate  general  shall  review  and 
report  in  waiting  upon  all  proceedings  of  courts-martial 
requiring  the  action  of  the  commander-in-chief;  shall  bring 
all  necessary  actions;  and  shall  be  the  legal  adviser  of  the 
military  department  of  the  commonwealth  in  matters  re¬ 
ferred  to  him  by  the  commander-in-chief. 

Section  38.  The  adjutant  general,  inspector  general, 
quartermaster  general,  commissary  general,  surgeon  general, 
and  their  assistants,  whether  appointed  or  detailed  to  act 
as  such,  and  subordinate  officers  of  their  departments,  shall 


33 


< 


not  be  interested,  directly  or  indirectly,  in  the  purchase  or 
sale  of  any  article  intended  for,  making  a  part  of,  or  apper¬ 
taining  to,  their  respective  departments,  except  for  and  on 
account  of  the  commonwealth;  nor  shall  they  or  any  of 
them  take  or  apply  to  his  or  their  own  use  any  gain  or 
emolument  other  than  what  is  allowed  by  law  for  negotiating 
or  transacting  any  business  in  their  respective  departments. 

Any  officer  who  violates  the  provisions  of  this  section  shall 
be  punished  by  imprisonment  for  a  term  not  exceeding  five 
years  or  by  fine  not  exceeding  five  thousand  dollars,  or  both 
such  fine  and  imprisonment. 

Section  39.  [As  amended  by  chapter  348,  Acts  of 
1910.]  The  quartermaster  general  shall  receive  a  compen¬ 
sation  not  exceeding  twelve  hundred  dollars  a  year.  The 
deputy  quartermaster  general  shall  receive  compensation  not 
exceeding  eight  hundred  dollars  a  year,  to  be  paid  out  of 
the  appropriation  for  maintenance  of  armories  of  the  first 
class.  The  quartermaster  general  shall  give  bond  to  the 
commonwealth  in  the  penal  sum  of  twenty  thousand  dollars, 
with  two  sureties  at  least,  to  be  approved  by  the  governor 
and  council,  conditioned  faithfully  to  perform  the  duties 
of  his  office,  to  use  all  necessary  diligence  and  care  in  the 
safe  keeping  of  military  stores  and  property  of  the  com¬ 
monwealth  committed  to  his  custody,  and  to  account  for  and 
deliver  over  to  his  successor  or  to  any  other  person  author¬ 
ized  to  receive  the  same,  such  stores  and  property.  The 
commander-in-chief  may  require  the  duties  imposed  upon 
the  quartermaster  general  to  be  performed  by  any  member 
of  that  department,  who  shall  in  that  case  give  bond  to  the 
commonwealth  in  like  manner  as  is  required  of  the  quarter¬ 
master  general.  The  quartermaster  general,  under  the 
orders  of  the  commander-in-chief,  shall  have  the  care  and 
control  of  the  state  camp  ground  and  all  other  land  held  for 
military  purposes,  of  all  state  arsenals  and  magazines,  of 
the  soldiers’  burial  lot  and  monument  at  Dedham,  and  of  all 
military  property  of  the  commonwealth  except  such  as  is  by 
law  expressly  intrusted  to  the  keeping  of  other  officers.  He 
shall  purchase  or  draw  by  requisition  from  the  United 
States  and  shall  issue  all  arms,  ammunition,  clothing,  camp 
equipage  and  military  supplies  and  stores  of  every  descrip- 


Quarter- 
master  gen¬ 
eral  and 
deputy  quar 
termaster 
general, 
salary  and 
duties. 


Care  and 
control  of 
state  camp 
ground. 


To  purchase 
military 
supplies  and 
stores,  etc. 


34 


Clerical 

assistants, 

salaries. 


Superin¬ 
tendent  of 
armories. 


Superin¬ 
tendent  of 
arsenal. 


tion,  except  surgical  instruments  and  medical  supplies.  He 
shall  procure  and  provide  means  of  transport  for  the  militia 
and  for  all  its  implements,  munitions  of  war  and  military 
supplies;  such  transportation  to  be  in  kind  whenever  practi¬ 
cable.  He  may  receive  in  the  storehouse  at  the  state  camp 
ground,  from  the  several  militia  organizations,  such  articles 
of  personal  property  used  for  military  camping  purposes  as 
can  be  kept  therein,  which  articles  shall  be  received  and 
delivered  at  the  expense  of  the  owners  and  held  at  their 
risk.  He  shall,  at  the  public  expense,  provide  suitable 
places  for  the  safe  keeping  of  all  munitions  of  war,  in¬ 
trenching  tools  and  all  other  implements  of  war.  Such  tools 
and  implements  shall  be  designated  as  the  property  of  the 
commonwealth  by  suitable  permanent  brands  or  marks  on 
each  of  them.  He  may  allow  annually  proper  accounts  for 
the  repairs  of  uniforms  and  equipments.  He  shall  adjust 
all  accounts  relating  to  loans  of  state  military  property  to 
cities  and  towns,  institutions  and  schools,  and  shall  require 
annual  returns  of  such  property  and  of  its  condition,  at 
such  times  and  in  such  manner  as  he  may  direct,  and  may  at 
any  time,  under  the  direction  of  the  commander-in-chief, 
recover  the  whole  or  any  part  of  such  property  as  he  may 
deem  best  for  the  commonwealth.  He  may  employ  the  fol¬ 
lowing  clerical  assistants:  one  superintendent  of  armories, 
with  a  salary  of  eighteen  hundred  dollars  per  annum;  two 
clerks,  with  salaries  of  eighteen  hundred  dollars  and  twelve 
hundred  dollars  per  annum,  respectively;  one  stenographer, 
with  a  salary  of  nine  hundred  dollars  per  annum.  The 
actual  transportation  expenses  of  the  superintendent  of 
armories,  in  visiting  the  various  armories  of  the  state,  under 
the  direction  of  the  quartermaster  general,  shall  be  paid 
from  the  appropriation  for  maintenance  of  armories  of  the 
first  class.  The  superintendent  of  the  arsenal  shall  receive 
fifteen  hundred  dollars  a  year,  and  shall  be  in  the  quarter¬ 
master  general’s  department,  as  a  clerk  in  addition  to  the 
clerks  above  named.  The  quartermaster  general  may  em¬ 
ploy  such  additional  clerks  and  other  assistants  as  may  be 
necessary  in  his  department,  at  an  expense  not  exceeding 
twenty-four  hundred  dollars  a  year. 


35 


Election  and  Appointment  of  Commissioned  Officers. 

Section  40.  No  person  shall  be  eligible  to  election  or  ap¬ 
pointment  to  commissioned  office  in  the  militia  who  is  not  a 
male  citizen  of  the  United  States,  of  eighteen  years  of  age 
or  upward,  resident  in  this  commonwealth,  or  who  is  dis¬ 
qualified  by  law  from  enrolment  in  the  militia,  or  who  is 
under  sentence  of  disability  to  hold  office  or  command,  or 
of  suspension  from  command  in  the  military  forces  of  the 
United  States  or  of  any  state.  No  citizen  not  enrolled  or 
above  the  age  of  forty-five  years  shall,  on  that  account,  be 
ineligible  to  office  in  the  militia,  or  incapable  of  serving  in 
a  volunteer  company. 

Section  41.  [As  amended  by  chapter  298,  Acts  of  1911.] 
Commissioned  officers  shall  rank  according  to  the  date  of 
their  commissions.  Between  officers  of  the  same  grade  and 
date  of  appointment  or  commission,  where  there  has  been  no 
previous  military  service,  the  relative  rank  shall  be  deter¬ 
mined  by  lot.  Such  previous  service  shall  count,  as  in  the 
army  or  navy  of  the  United  States,  and  in  the  volunteer 
militia  or  reserve  militia  of  this  commonwealth  only,  and  in 
the  order  herein  named. 

The  day  of  the  appointment  or  election  of  an  officer  shall 
be  expressed  in  his  commission  and  shall  be  considered  as 
the  date  thereof.  When  an  officer  is  appointed,  elected,  or 
transferred  from  one  office  or  organization  to  another,  with¬ 
out  increase  of  grade  or  loss  of  grade  or  continuous  service, 
he  shall  rank  in  his  grade  according  to  the  date  of  his  orig¬ 
inal  commission,  which  shall  be  stated  in  his  new  commis¬ 
sion.  The  provisions  of  this  section  shall  not  apply  when 
a  commissioned  officer  is  transferred  by  election  or  appoint¬ 
ment  from  the  staff  to  the  line. 

Section  42.  [As  amended  by  chapter  299,  Acts  of  1910, 
and  chapter  268,  Acts  of  1912.]  The  staff  of  the  com¬ 
mander-in-chief  shall  be  appointed  by  him ;  the  staff  of  a  bri¬ 
gade,  by  the  brigadier  general  commanding;  the  staff  of  a 
regiment  of  infantry,  battalion  of  artillery,  squadron  of 
cavalry,  corps  of  cadets,  the  naval  brigade,  or  unattached 
company,  by  the  permanent  commander  thereof;  and  they 


Eligibility  to 
election  or 
appointment. 


Rank  of  com¬ 
missioned 
officers 
determined. 


Appointment 
of  staff 
officers. 


36 


Eligibility 
for  appoint¬ 
ment  as  staff 
officer. 


Eligibility  for 
appointment 
as  medical 
officer. 


Certain 
officers  to  be 
elected  by 
ballot. 


Orders  for 
elections. 


shall  be  commissioned  by  the  commander-in-chief  on  the 
request  of  the  appointing  officers. 

All  officers  in  the  staff  corps  and  departments  shall  be 
appointed  by  the  commander-in-chief,  and  shall  be  exam¬ 
ined  as  required  for  staff  officers,  other  than  the  staff  of  the 
commander-in-chief,  and  the  appointments  made  in  pursu¬ 
ance  of  general  order  number  twenty-four,  adjutant  gen¬ 
eral’s  office,  series  of  nineteen  hundred  and  seven,  are 
hereby  ratified  and  confirmed. 

No  person  shall  be  eligible  to  be  appointed  as  a  staff 
officer,  or  as  a  staff  corps  officer,  or,  with  the  exception  of 
medical  officers,  as  a  department  officer,  unless  he  has  served 
in  the  regular  or  volunteer  naval  or  military  forces  of  the 
United  States,  or  in  the  militia  or  naval  militia  of  some 
state  thereof,  for  the  term  of  three  years,  at  least  one  year 
of  which  he  shall  have  served  as  an  officer  or  noncommis¬ 
sioned  officer. 

Section  43.  No  person  shall  be  eligible  to  appointment 
as  a  medical  commissioned  officer  or  veterinarian  unless  he 
has  been  duly  registered  in  accordance  with  the  laws  of 
this  commonwealth,  and  has  complied  with  the  laws  of  the 
commonwealth  relative  to  the  practice  of  his  profession. 

Section  44.  The  following  officers  of  the  militia  shall  be 
elected  by  ballot:  brigadier  generals,  by  the  field  officers  of 
the  respective  brigades;  field  officers  of  regiments,  battalion 
of  field  artillery,  squadron  of  cavalry  and  of  corps  of  ca¬ 
dets,  by  the  captains  and  lieutenants  of  the  several  com¬ 
panies  of  the  respective  regiments,  separate  battalion,  squad¬ 
ron,  or  corps;  captain  and  lieutenant  commanders  of  the 
naval  brigade,  by  the  company  officers  of  the  brigade;  lieu¬ 
tenants,  lieutenants  junior  grade  and  ensigns  of  companies, 
by  the  enlisted  men  of  the  respective  companies;  captains 
and  lieutenants  of  companies,  by  the  written  votes  of  the 
enlisted  men  of  the  respective  companies,  except  that  in  the 
corps  of  cadets,  captains  and  lieutenants  shall  be  elected 
by  the  written  votes  of  the  enlisted  men  of  the  respective 
corps. 

Section  45.  Elections  of  brigadier  generals  shall  be 
ordered  by  the  commander-in-chief.  Elections  of  other  offi- 


37 


cers  shall  be  ordered  either  by  the  commander-in-chief  or  by 
such  officers  as  he  may  authorize  thereto. 

Section  46.  Elections  of  officers  shall  not  be  ordered  in 
any  company  unless  the  minimum  number  of  men  are 
actually  enlisted  and  mustered  in. 

Section  47.  Vacancies  in  the  grades  of  company  officers 
shall  be  filled  and  the  offieers-elect  commissioned  before  an 
election  of  field  officers  is  held  for  the  respective  organiza¬ 
tions;  and  every  vacancy  in  the  grade  of  field  officer  shall 
be  filled  in  each  brigade  before  an  election  of  brigadier  gen¬ 
erals  is  held  therein. 

Section  48.  Elections  shall  be  held  at  the  places  most 
convenient  for  the  majority  of  the  electors. 

Section  49.  Notices  of  elections  shall  be  given  to  each 
elector  at  least  four  days  before  the  time  of  the  meeting, 
either  verbally  or  by  delivering  to  him  in  person,  or  by 
leaving  at  his  usual  place  of  business  or  abode,  the  order 
for  such  election. 

Section  50.  Officers  ordering  elections  may  preside,  or 
may  detail  some  officer  of  suitable  rank  to  preside.  An  offi¬ 
cer  of  the  rank  of  captain  may  preside  at  the  election  of  an 
officer  of  equal  or  inferior  grade;  but  no  candidate  for  an 
office  to  be  filled  shall  preside  at  the  election,  except  to  ad¬ 
journ  the  meeting  if  no  proper  officer  appears  to  preside. 

Section  51.  The  presiding  officer  shall  keep  a  record  of 
the  proceedings  and  shall,  within  six  days  thereafter,  make  a 
certified  return  thereof  to  the  adjutant  general,  through  the 
proper  military  channel,  for  the  information  of  the  com¬ 
mander-in-chief;  and  the  officer-elect  shall,  if  he  is  eligible 
and  accepts,  thereupon  be  commissioned  and  notified  to  ap¬ 
pear  before  the  proper  examining  board  or  boards. 

Section  52.  A  certified  roster  of  the  brigade,  regiment, 
battalion,  squadron,  corps  of  cadets,  or  naval  brigade,  or  a 
certified  roll  of  the  company  or  companies,  as  the  case  may 
be,  shall  be  furnished  to  the  presiding  officer  previous  to  an 
election. 

Section  53.  No  election  shall  be  held  unless  a  majority 
of  the  electors  are  present.  If  there  is  no  quorum  or  the 
electors  present  fail  to  elect  and  the  meeting  is  adjourned, 
the  presiding  officer  shall,  in  writing,  report  the  facts  to  the 


Minimum, 
number  en¬ 
listed  in  com¬ 
pany  before 
election. 
Vacancies 
to  be  filled 
before  elec¬ 
tion  held. 


Places  for 
elections. 

Notices  of 
elections. 


Presiding 
officer  at 
election. 


Record  and 
return  of 
election. 


Roster  or 
roll  to  be 
furnished. 


Majority  of 
electors  must 
be  present* 
Adjourn¬ 
ment. 


38 


Majority  to 
elect. 


Acceptance 
or  declina¬ 
tion  within 
three  days. 


In  case  of 
refusal,  an¬ 
other  election 
to  be  held. 


Acceptance 
vacates  office 
previously 
held. 


Governor  to 
fill  vacancy 
on  neglect  or 
refusal  to 
elect. 

Disbandment 
on  refusal  to 
elect. 


Veterinarians, 
pay  and 
allowances. 


adjutant  general.  Elections  may  not  be  adjourned  more 
than  twice,  and  each  adjournment  shall  be  for  a  period  not 
exceeding  two  days. 

Section  54.  The  person  who  has  a  majority  of  the  bal¬ 
lots  of  the  electors  present  shall  be  deemed  elected,  and  the 
presiding  officer  shall  forthwith  notify  him  of  his  election. 

Section  55.  Persons  elected  to  office  in  the  militia  shall 
within  three  days  declare  in  writing  or  in  person  to  the  offi¬ 
cer  presiding  at  their  election  their  acceptance  or  declination, 
which  shall  be  a  part  of  the  return  of  the  presiding  officer. 

Section  56.  If  the  person  chosen  signifies  to  the  presid¬ 
ing  officer,  either  in  person  or  in  writing,  his  refusal  to 
accept,  before  the  dissolution  of  the  meeting,  the  refusal 
shall  be  recorded  and  included  in  the  return,  and  the  elec¬ 
tors  shall  proceed  to  another  election. 

Section  57.  The  acceptance  of  one  office  in  the  militia 
shall,  for  the  purpose  of  election,  vacate  another  office 
therein  previously  held,  by  the  same  person;  but  the  officer 
shall  serve  until  his  successor  is  qualified,  if  so  ordered  by 
his  regimental,  battalion,  or  squadron  commander  or  by  the 
commander-in-chief. 

Section  58.  When  the  electors  neglect  or  refuse  to  fill  a 
vacancy  the  governor  with  the  advice  of  the  council  shall, 
except  as  provided  in  the  following  section,  appoint  a  suit¬ 
able  person  thereto. 

Section  59.  If  a  company  having  no  commissioned  offi¬ 
cers  has  twice  been  ordered  to  elect  officers  and  neglects  or 
refuses  to  elect  one  of  such  officers,  it  may  be  disbanded  by 
the  commander-in-chief. 

Section  60.  Veterinarians,  although  not  commissioned 
officers,  shall  have  the  pay  and  allowances  of  a  second  lieu¬ 
tenant,  mounted,  and  shall  be  considered  part  of  the  bat¬ 
talion  or  squadron  commissioned  staff,  to  be  appointed  by 
the  commander-in-chief  on  the  recommendation  of  the  per¬ 
manent  battalion  or  squadron  commander. 

Examining  Boards. 

Sections  61  to  70,  inclusive,  repealed  by  chapter  464, 
Acts  of  1912.  Procedure  for  examinations  as  to  physical 
qualifications  affected  by  chapter  138,  Acts  of  1912. 


39 


Chapter  138,  Acts  of  1912,  approved  February  20,  1912. 

Section  1.  All  examinations  as  to  physical  qualifications 
to  hold  office  in  the  militia  shall  be  made  by  a  board  of 
three  medical  officers  appointed  by  the  commander-in-chief. 
If  the  board  of  medical  officers  find  that  an  officer  is  phys¬ 
ically  competent  to  perform  the  duties  of  his  office,  it  shall 
certify  that  fact  to  the  board  of  examiners;  if,  in  the  opin¬ 
ion  of  the  medical  board,  an  officer  is  not  physically  fit  to 
perform  his  duties,  it  shall  transmit  a  report  to  the  board 
of  examiners  setting  forth  the  nature  of  the  disabilities 
found  and  the  manner  and  extent  to  which  such  disabilities 
are  likely  to  prevent  or  impair  the  full  performance  of  the 
duties  of  the  office.  Whenever  the  board  of  examiners  find 
that  an  officer  who  has  been  reported  by  the  medical  board 
to  be  physically  unsound  possesses  professional  and  general 
qualifications  of  a  high  order  and  that  his  physical  disabili¬ 
ties  will  not  materially  impair  his  efficiency  as  an  officer, 
the  board  of  examiners  may  recommend  that  such  physical 
disabilities  be  waived,  and  the  commander-in-ehief  may 
thereupon  waive  such  physical  disabilities  and  order  the 
officer  to  duty:  provided ,  however ,  that  a  detailed  descrip¬ 
tion  of  such  disabilities  and  all  reports  and  facts  resulting 
in  a  waiver  of  the  same  shall  be  entered  in  the  military 
record  of  the  officer  concerned. 

Section  2.  If  any  officer  fails  to  pass  a  satisfactory 
examination  the  secretary  of  the  examining  board  shall 
forthwith  notify  him,  and  he  may,  within  ten  days  after 
receiving  such  notice,  appeal  for  a  re-examination  to  the 
commander-in-chief,  who  may,  after  an  examination  of  the 
records  in  the  case,  order  a  re-examination  of  such  officer 
before  the  medical  board  appointed  under  section  one  of 
this  act  or  the  examining  board  appointed  under  section 
sixty-one  of  chapter  six  hundred  and  four  of  the  acts  of  the 
year  nineteen  hundred  and  eight  or  before  both  boards. 

Section  3.  No  member  of  said  board  shall  take  part  in 
the  examination  of,  or  give  any  opinion,  information  or 
advice  as  to  the  fitness  or  competence  of  any  officer  who 
has  any  business  or  family  connection  with  him  or  might, 


Examina¬ 
tions  as  to 
physical 
qualifications 
by  board  of 
three  medical 
officers. 


Report  to 
board  of 
examiners. 


Physical 
disabilities 
may  be 
waived. 


Officer  to  be 
notified  of 
failure  to 
pass. 


Provision 
for  re-exam¬ 
ination. 


Member  of 
board  not  to 
act  in  cer¬ 
tain  cases. 


40 


as  a  result  of  the  examination,  come  under  his  immediate 
command. 

Section  4.  All  acts  and  parts  of  acts  inconsistent  here¬ 
with  are  hereby  repealed. 

Section  5.  This  act  shall  take  effect  upon  its  passage. 


Officers  to 
pass  satisfac¬ 
tory  examina¬ 
tions  within 
sixty  days. 


Certain 

officers 

exempt. 


Medical 
officers  and 
veterinarians. 


Chapter  464,  Acts  of  1912,  approved  April  10,  1912. 

Section  1.  Except  as  hereinafter  provided,  every  person 
elected  or  appointed  to  commissioned  office  in  the  militia 
shall,  before  entering  upon  the  performance  of  his  official 
duties  or  exercising  any  command,  and  within  sixty  days 
after  his  election  or  appointment,  pass  satisfactory  examina¬ 
tions  as  to  his  physical,  professional  and  general  fitness  to 
perform  the  duties  of  his  office  unless,  for  cause,  further 
time  shall  be  allowed  by  the  commander-in-chief. 

Section  2.  General  officers  elected  or  appointed  while 
holding  an  active  office  of  field  rank,  officers  elected  or  ap¬ 
pointed  from  one  office  to  another  of  equal  or  lower  grade  in 
a  department  or  in  the  same  arm  of  the  service,  staff  officers 
of  the  commander-in-chief,  and  chaplains  shall  be  exempt 
from  all  examinations  required  by  the  provisions  of  the 
preceding  section;  colonels  elected  or  appointed  while  hold¬ 
ing  the  active  rank  of  lieutenant  colonel  or  major,  lieuten¬ 
ant  colonels  elected  or  appointed  while  holding  the  active 
rank  of  major,  first  lieutenants  elected  or  appointed  while 
holding  the  active  rank  of  second  lieutenant,  and  officers 
elected  or  appointed  to  an  office  equal  or  inferior  in  grade 
to  any  active  office  held  by  them  within  two  years  before  the 
date  of  such  election  or  appointment:  provided,  that  the 
new  office  be  in  a  department  or  in  the  same  arm  of  the 
service  as  that  previously  held,  shall  be  exempt  from  exami¬ 
nations  as  to  their  professional  qualifications,  but  shall  pass 
satisfactory  examinations  as  to  their  physical  and  general 
fitness  to  hold  such  new  office. 

Section  3.  Medical  officers  and  veterinarians  shall  ap¬ 
pear  before  a  board  consisting  of  three  medical  officers  des¬ 
ignated  by  the  commander-in-chief,  which  shall  certify  the 
competency  of  such  officer  or  give  its  reasons  for  refusing 
so  to  certify,  and  in  case  of  a  refusal  it  shall  transmit  the 


41 


complete  record,  with  its  reasons  for  refusal,  to  the  com- 
mander-in-chief.  It  shall  administer  the  oaths  prescribed 
for  other  commissioned  officers. 

Section  4.  Except  as  provided  in  section  three,  all  ex¬ 
aminations  as  to  professional  and  general  qualifications  shall 
be  conducted  by  a  board  of  examiners  which  shall  be  de¬ 
tailed  by  the  commander-in-chief  and  which  shall  consist  of 
nine  officers  in  active  commission  as  follows:  one  general 
officer  of  the  line  when  one  is  eligible  and  available,  other¬ 
wise  one  colonel  of  the  line;  three  field  officers  of  the  line; 
four  captains  of  the  line;  and  one  naval  officer:  provided , 
that  no  officer,  except  a  naval  officer,  shall  be  eligible  to  serve 
on  said  board  for  more  than  three  years  in  the  aggregate  in 
any  period  of  nine  consecutive  y'ears;  and,  provided,  fur¬ 
ther,  that  whenever  the  system  of  schools  for  the  instruction 
of  the  militia  in  professional  and  technical  subjects  shall  be 
under  the  supervision  of  one  or  more  academic  boards,  the 
commander-in-ehief  may,  in  his  discretion,  require  such 
academic  board  or  boards  to  conduct  all  examinations  as  to 
the  professional  qualifications  of  officers,  and  to  certify  to 
the  board  of  examiners  or  to  any  special  board  of  examiners 
appointed  under  the  provisions  of  section  seventy-two  of 
chapter  six  hundred  and  four  of  the  acts  of  the  year  nine¬ 
teen  hundred  and  eight  the  professional  standing  of  persons 
whose  competency  to  hold  commissioned  office  in  the  militia 
is  under  investigation.  The  board  of  examiners  shall  admin¬ 
ister  the  oaths  prescribed  by  section  seventy-three  of  said 
chapter  six  hundred  and  four. 

Section  5.  The  commander-in-ehief  shall  make  regula¬ 
tions  for  the  examination  of  officers  in  accordance  with  law, 
and  may  alter  and  amend  the  same  from  time  to  time  in  his 
discretion ;  but  such  regulations  shall  provide  methods 
whereby  a  just  and  reasonable  opportunity  shall  be  given 
to  all  officers  to  challenge  statements  of  fact  or  opinion  which 
they  deem  to  be  untrue  or  unfair  in  any  data  relating  to 
their  personal  history  or  military  record  which  may  be  on 
file  in  the  military  archives  of  the  commonwealth  before 
the  same  are  passed  upon  by  the  board  of  examiners  or  any 
special  board  of  examiners;  and  such  regulations  shall  fur¬ 
ther  provide  that  no  action  predicated  upon  facts  derogatory 


Board  of 
examiners  to 
consist  of 
nine  line 
officers. 


Academic 
boards  to 
certify. 


Board  of 
examiners  to 
administer 
oaths. 

Regulations 
for  examina¬ 
tion  of 
officers. 


42 


No  action  to 
the  prejudice 
of  officer 
until  fair 
and  impartial 
hearing. 

Quorum. 


Temporary 

details. 


Board  of 
examiners  to 
keep  full 
record. 


Examinations 

recorded 

verbatim. 


Records  to 
be  approved 
and  pre¬ 
served. 


Certify 
names  of 
officers  found 
competent. 


Officer  failing 
to  pass  to  be 
discharged. 


Officer  ag¬ 
grieved  may 
appeal. 


to  tlie  character,  reputation,  or  ability  of  an  officer  shall  be 
taken  by  any  board  of  examiners  to  the  prejudice  of  such 
officer  until  after  a  fair  and  impartial  hearing  before  such 
board,  or  before  some  other  appropriate  board,  court  of 
inquiry,  or  court-martial,  if  a  hearing  is  demanded. 

Section  6.  A  majority  of  the  members  of  any  board  pre¬ 
scribed  in  this  act  shall  constitute  a  quorum  thereof.  The 
commander-in-chief  may,  if  he  deems  it  necessary,  make 
temporary  details  to  fill  vacancies  in  any  such  board  caused 
by  the  temporary  disability  or  absence  of  one  or  more 
members. 

Section  7.  The  board  of  examiners  shall  keep  a  full  rec¬ 
ord  of  its  proceedings  and  findings  in  the  case  of  each  officer 
appearing  before  it  for  examination,  which  shall  be  signed 
by  the  president  of  the  board  and  by  the  recorder  who  shall 
be  first  sworn  in  the  manner  provided  for  recorders  of  courts 
of  inquiry.  All  oral  examinations  and  investigations  shall 
be  recorded  verbatim,  as  nearly  as  possible,  and  all  exami¬ 
nation  papers,  certificates,  reports,  communications  and  other 
documents  considered  by  the  board  in  reaching  its  finding 
shall  be  attached  to  the  record  as  exhibits.  The  records  of 
each  meeting  of  the  board  shall  be  submitted  to  it  at  its  next 
meeting  for  approval  or  correction,  and,  together  with  the 
exhibits  attached  thereto,  shall  be  transmitted  to  the  adju¬ 
tant  general  who  shall  preserve  the  same  for  a  period  of  not 
less  than  five  years,  and  shall,  when  so  ordered,  lay  the  same 
before  the  commander -in-chief. 

Section  8.  The  board  of  examiners  shall  certify  to  the 
commander-in-chief  the  names  of  all  officers  whom  it  finds 
to  be  competent,  and  the  commander-in-chief  shall  there¬ 
upon  order  such  officers  to  duty. 

Section  9.  An  officer  who  fails  to  pass  satisfactorily  the 
required  examinations  within  sixty  days  after  his  election  or 
appointment,  shall,  unless  further  time  is  allowed  for  cause, 
forthwith  be  discharged  by  the  commander-in-chief:  pro¬ 
vided,  however,  that  an  officer  aggrieved  by  the  findings  of 
the  board  of  examiners,  an  academic  board,  or  board  of 
medical  examiners,  may,  within  ten  days  after  the  time  when 
he  receives  notice  of  his  failure  to  pass  the  required  exami- 


43 


nations,  appeal  to  the  commander-in-chief  for  a  re-exami¬ 
nation,  specifying  in  his  appeal  the  reasons  on  which  he 
bases  his  grievance,  and  the  commander-in-chief  may,  after 
an  examination  of  the  record  of  the  case,  refer  the  same 
back  to  the  board  for  a  reconsideration  of  its  action,  or  may 
order  a  re-examination  of  such  officer  before  a  board  con¬ 
voked  by  the  commander-in-chief  for  that  purpose.  If  the 
commander-in-chief  dismisses  the  appeal,  or  the  action  of 
the  board  to  which  the  matter  is  referred  be  unfavorable  to 
the  officer  appealing,  such  officer  shall  forthwith  be  dis¬ 
charged  by  the  commander-in-chief. 

Section  10.  An  officer  who  has  failed  to  pass  satisfac¬ 
torily  the  required  examinations,  but  who  is  otherwise  enti¬ 
tled  to  be  retired,  may,  in  the  discretion  of  the  commander- 
in-chief,  be  placed  upon  the  retired  list  with  the  rank  to 
which  his  new  commission  entitles  him,  instead  of  being  dis¬ 
charged  as  provided  in  section  nine  of  this  act;  and  any 
officer  discharged  for  failure  to  pass  satisfactory  examina¬ 
tions  may  enlist  to  secure  continuous  service,  and  his  enlist¬ 
ment  shall  date  from  the  day  of  his  election  or  appointment 
to  the  office  for  which  he  failed  to  pass  satisfactory  exami¬ 
nations,  if  he  so  enlists  within  thirty  days  after  the  date  of 
his  discharge  from  the  office  to  which  he  was  elected  or  ap¬ 
pointed.  A  commissioned  officer  who  has  been  discharged  or 
retired  by  reason  of  failure  to  pass  satisfactory  examina¬ 
tions  shall  not  be  eligible  for  election  or  appointment  to  an 
active  commission  in  the  militia  within  two  months  after 
such  discharge  or  retirement. 

Section  11.  The  provisions  of  this  act  shall,  so  far  as 
they  are  applicable,  apply  also  to  any  special  board  con¬ 
voked  by  order  of  the  commander-in-chief  for  the  examina¬ 
tion  of  officers. 

Section  12.  Wherever  in  this  act  military  titles  are 
used  they  shall  be  construed  to  include  equivalent  naval 
titles. 

Section  13.  Sections  sixty-one  to  seventy,  inclusive,  of 
chapter  six  hundred  and  four  of  the  acts  of  the  year  nine¬ 
teen  hundred  and  eight,  and  all  other  acts  and  parts  of  acts 
inconsistent  herewith  are  hereby  repealed. 

Section  14.  This  act  shall  take  effect  upon  its  passage. 


Officer  fail¬ 
ing  to  pass 
may  be  re¬ 
tired  under 
certain 
conditions. 


Enlistment 
for  continu¬ 
ous  service. 


Not  eligible 
for  commis¬ 
sion  within 
two  months. 


Special 

examining 

boards. 


Naval  titles. 


Repeal. 


44 


Officer  hav¬ 
ing  passed 
not  to  be 
again  ordered 
before  board 
of  examiners. 
Officer  may 
be  passed 
conditionally. 


Incompetency, 
etc.,  not 
amenable  to 
court-martial 
may  be  in¬ 
vestigated  by 
special  board. 


Procedure 
of  special 
board. 


Section  71.  An  officer  who  has  passed  his  examination 
and  has  been  assigned  to  duty  shall  not  thereafter  be  ordered 
before  the  board  of  examiners  while  acting  under  the  same 
commission ;  but  said  board  may  pass  a  candidate  condition¬ 
ally  and  order  him  to  appear  for  further  examination  within 
ninety  days  after  the  date  of  his  first  examination,  and  an 
officer  so  conditionally  passed  who  fails  to  appear  before  the 
board  within  the  time  designated,  and  does  not  furnish  satis¬ 
factory  explanation  of  his  absence,  or  who  then  fails  to  pass 
a  satisfactory  examination,  shall  be  discharged  by  the  com¬ 
mander-in-chief. 

Section  72.  An  officer  who  in  the  opinion  of  his  com¬ 
manding  officer  is  incompetent,  or  is  impairing  the  effi¬ 
ciency  of  the  organization  to  which  he  is  attached,  by  mis¬ 
management,  neglect,  or  misconduct  in  civil  life  for  which 
he  is  not  amenable  to  court-martial,  may,  upon  the  request 
of  his  commanding  officer,  be  ordered  to  appear  before  a 
special  board  of  examiners  consisting  of  not  less  than  three 
nor  more  than  seven  officers,  none  of  whom  shall  be  of  lower 
rank  than  the  officer  under  investigation.  The  members  of 
such  board  may,  for  cause,  be  challenged  by  the  accused  as 
provided  by  the  regulations  as  to  courts-martial,  and  vacan¬ 
cies  thus  created  shall  be  filled  in  the  manner  prescribed  for 
military  boards.  Said  board  shall  without  delay  inquire  into 
the  charges  preferred  against  the  accused,  and  may  examine 
him,  as  provided  in  section  sixty-three,  as  to  his  mental  and 
military  qualifications;  but  the  accused  may  produce  any 
competent  evidence  by  witnesses  or  otherwise,  and  may  be 
represented  by  counsel.  The  president  of  such  board  may 
administer  oaths  to  witnesses,  and  may  issue  summonses  as 
provided  in  section  one  hundred  and  eighty-five ;  and  officers 
or  soldiers  failing  to  serve  such  summons  or  failing  to  ap¬ 
pear  when  so  summoned  without  a  sufficient  excuse,  shall  be 
liable  to  trial  by  court-martial  as  for  disobedience  of  orders, 
or  may,  as  well  as  other  witnesses  failing  to  appear,  be  com¬ 
pelled  to  appear,  as  provided  by  section  ten  of  chapter  one 
hundred  and  seventy-five  of  the  Revised  Laws.  Such  board 
may,  with  the  approval  of  the  commander-in-chief,  require  a 
judge  advocate  to  attend  its  sittings,  when  taking  testimony 
or  investigating  any  complaint.  It  shall  report  the  facts, 


45 


with  the  evidence  and  its  recommendations,  to  the  com¬ 
mander-in-chief,  who  may,  if  the  board  so  recommends, 
discharge  such  officer.  An  officer  failing  to  appear,  as 
ordered,  before  such  special  board  shall  be  discharged  by 
the  commander-in-chief. 

Section  73.  Every  commissioned  officer,  before  entering 
upon  the  performance  of  his  official  duties  or  exercising  any 
command,  shall  take  and  subscribe  the  following  oaths  and 
declarations :  — 

I,  A.  B.,  do  solemnly  swear  that  I  will  bear  true  faith  and 
allegiance  to  the  commonwealth  of  Massachusetts,  and  will  sup¬ 
port  the  constitution  thereof.  So  help  me  God. 

I,  A.  B.,  do  solemnly  swear  that  I  will  obey  the  lawful  orders 
of  all  my  superior  officers.  So  help  me  God. 

I,  A.  B.,  do  solemnly  swear  that  I  will  faithfully  and  impar¬ 
tially  discharge  and  perform  all  the  duties  incumbent  on  me 
as  ,  according  to  the  best  of  my  ability  and 

understanding,  agreeably  to  the  rules  and  regulations  of  the 
constitution  and  the  laws  of  the  commonwealth.  So  help  me 
God. 

I,  A.  B.,  do  solemnly  swear  that  I  will  support  the  constitu¬ 
tion  of  the  United  States.  So  help  me  God. 

All  officers  shall  take  and  subscribe  the  said  oaths  before 
the  examining  boards,  except  the  staff  officers  of  the  com- 
mander-in-chief,  who  may  take  the  said  oaths  before  any 
competent  authority;  and  the  following  certificate  shall  be 
printed  on  every  commission  and  shall  be  signed  by  the 
person  before  whom  the  officer  is  qualified :  — 

This  may  certify  that  A.  B.,  commissioned  as  within,  on 
this  day  of  ,  A.  D.,  , 

personally  appeared  and  took  and  subscribed  the  oaths  re¬ 
quired  by  the  constitution  and  laws  of  this  commonwealth  and 
by  a  law  of  the  United  States,  to  qualify  him  to  discharge  the 
duties  of  his  office. 

Before  me, 

Appointment  and  Reduction  of  Noncommissioned  Officers. 

Section  74.  Noncommissioned  staff  officers  and  color  ser¬ 
geants  of  regiments,  battalion  of  field  artillery,  squadron  of 
cavalry,  the  naval  brigade,  corps  of  cadets,  and  staff  corps 


Oath  of 
office. 


Qualifying 

officers. 


Certificate 
of  qualifica¬ 
tion. 


Noncommis¬ 
sioned  officers, 
appoint¬ 
ment,  etc. 


46 


First  ser¬ 
geants,  quar¬ 
termaster 
sergeants, 
and  stable 
sergeants 
appointed  by 
company 
commander. 


Appointment 
of  company 
noncommis¬ 
sioned  officers 
recommended 
by  company 
commander. 


Mechanics, 
cooks,  etc., 
appointed 
by  company 
commander. 


Coast  artillery 
corps  non¬ 
commissioned 
staff  officers. 


and  departments,  shall  be  appointed  and  warranted  by  their 
respective  permanent  commanders.  Such  commanders  shall 
appoint  and  warrant  the  noncommissioned  officers  of  com¬ 
panies,  as  provided  in  the  next  three  sections;  but  they  may 
withhold  such  appointment  if  in  their  judgment  there  be 
proper  cause.  Noncommissioned  officers  of  unattached  com¬ 
panies  shall  be  appointed  and  warranted  by  their  respective 
captains.  First  sergeants,  quartermaster  sergeants  and  sta¬ 
ble  sergeants  shall  be  appointed  by  the  permanent  company, 
battery,  troop  or  corps  commanders,  without  reference  to 
higher  authority,  from  the  duty  sergeants  of  their  respective 
organizations,  and,  by  said  commanders,  respectively,  may 
be  returned  to  the  grade  of  duty  sergeant  at  any  time.  They 
shall  be  appointed  and  returned  to  the  grade  of  duty  ser¬ 
geant  by  a  company  order,  a  copy  of  which  shall  be  for¬ 
warded  at  once  to  the  adjutant  general,  and  to  regimental, 
separate  battalion,  squadron  and  corps  headquarters;  and 
the  relative  seniority  of  first  sergeants,  quartermaster  ser¬ 
geants  and  stable  sergeants  shall  be  determined  by  the  dates 
of  the  orders  appointing  them. 

Section  75.  Company  noncommissioned  officers  shall  be 
appointed  by  regimental  commanders,  or  by  separate  bat¬ 
talion  commanders,  on  the  recommendation  of  their  company 
commanders;  but  in  no  case  shall  any  company  organization 
have  an  excess  of  noncommissioned  officers  above  the  num¬ 
ber  allowed  by  law  or  orders.  The  noncommissioned  officers 
of  coast  artillery  corps  companies  shall,  upon  the  recommen¬ 
dation  of  the  company  commanders,  be  appointed  by  the 
chief  of  the  coast  artillery  corps. 

Section  76.  Chief  mechanics,  cooks,  farriers  and  black¬ 
smiths,  mechanics,  artificers,  saddlers,  wagoners,  musicians, 
trumpeters,  and  first  class  privates  shall  be  enlisted  as  pri¬ 
vates,  and  after  joining  their  companies  shall  be  appointed 
by  their  respective  company  commanders.  For  inefficiency 
or  misconduct  they  shall  be  subject  to  reduction  by  the  same 
authority. 

Section  77.  The  coast  artillery  corps  noncommissioned 
staff  officers  shall  be  appointed  by  the  chief  of  coast  artillery, 
after  due  examination  under  rules  announced  from  time  to 


47 


time.  They  shall  be  furnished  with  warrants  signed  by  the 
chief  of  coast  artillery.  The  appointment  shall  take  effect 
on  the  day  upon  which  it  is  made,  and  the  warrant  may  be 
continued  in  force  upon  discharge  and  reenlistment,  if  reen¬ 
listment  be  made  within  thirty  days  following  the  discharge. 
Every  reenlistment  and  continuance  shall  be  noted  on  the 
warrant. 

Section  78.  Appointments  of  company  noncommissioned 
officers  shall  take  effect  on  the  day  of  appointment  by  the 
authorized  commander,  and  of  first  sergeants,  quartermaster 
sergeants,  stable  sergeants,  chief  mechanics,  cooks,  artificers, 
farriers  and  blacksmiths,  mechanics,  saddlers,  wagoners, 
musicians,  trumpeters,  and  first  class  privates  on  the  day  of 
appointment  by  the  company  commander. 

Section  79.  [This  section  repealed  by  chapter  167,  Acts 
of  1909,  which  took  effect  March  13,  1909.] 

Section  80.  The  permanent  commander  of  any  regiment, 
battalion  of  field  artillery  or  squadron  of  cavalry,  the  naval 
brigade,  corps  of  cadets,  staff  corps  and  departments,  or  an 
unattached  company,  may  reduce  to  the  ranks  any  company 
noncommissioned  officer  of  his  command.  Permanent  com¬ 
manders  of  regiments,  battalion  of  field  artillery,  squadron 
of  cavalry,  the  naval  brigade  and  of  cadet  corps,  and  staff 
corps  and  departments,  may  reduce  to  the  ranks  noncommis¬ 
sioned  staff  officers  of  their  corps.  Company  noncommis¬ 
sioned  officers  may  be  reduced  to  the  ranks  by  sentence  of 
courts-martial.  Company  noncommissioned  officers,  having 
been  appointed  and  assigned  to  duty,  shall  not  thereafter  be 
reduced  to  the  ranks  except  at  their  own  request,  or  for 
cause  clearly  set  forth  in  the  order  reducing  them. 

Enlistment  and  Muster-in  of  Soldiers. 

Section  81.  Every  person  , enlisting  in  the  volunteer  mili¬ 
tia  shall  be  mustered  into  the  service  of  the  commonwealth 
for  a  term  of  three  years;  but  a  soldier  who  has  received  an 
honorable  discharge  from  the  Massachusetts  volunteer  mili¬ 
tia,  at  the  expiration  of  his  term  of  service,  may  reenlist  and 
be  mustered  in  for  a  term  of  one,  two  or  three  years  at  his 
election.  Terms  of  service,  except  in  cases  of  reenlistment, 


When  ap¬ 
pointments 
take  effect. 


Reduction  to 
ranks  of  non¬ 
commissioned 
officers. 


Term  of 
enlistment. 


48 


For  continu' 
ous  service. 


Enlistments 
to  be  as 
privates. 

Recruiting 

officers. 


Enrolment 
of  not  over 
fifteen  ap¬ 
plicants  for 
enlistment. 


Mustering 

officers. 


Returns  of 
enlistment 
and  muster-in. 


shall  begin  at  noon  on  the  clay  of  enlistment,  if  the  enlisted 
man  is  mustered  in  within  thirty  days  thereafter.  When  a 
soldier  reenlists,  and  is  mustered  into  service  within  thirty 
days  after  the  expiration  of  his  previous  term,  his  term  of 
service  shall  be  considered  as  continuous  and  shall  begin  at 
noon  of  the  day  of  such  expiration,  and  enlistments  and  mus¬ 
ters  shall  so  be  dated. 

Section  82.  All  soldiers,  except  noncommissioned  staff 
officers,  shall  be  enlisted  and  mustered  in  as  privates. 

Section  83.  The  commanding  officers  of  regiments,  sepa¬ 
rate  battalion,  or  squadron  and  the  naval  brigade  shall  be  the 
recruiting  officers  for  their  respective  noncommissioned  staffs 
and  enlisted  men  attached  to  the  headquarters  of  their  com¬ 
mands.  The  commanding  officers  of  corps  of  cadets,  and 
staff  corps  and  departments,  shall  be  recruiting  officers  for 
their  respective  corps;  and  persons  appointed  by  the  com- 
mander-in-chief  for  new  companies  shall  act  as  recruiting 
officers  thereof  until  a  captain  is  elected  or  appointed.  Com¬ 
pany  commanders  shall  be  the  recruiting  officers  for  their 
commands.  Upon  a  vacancy  the  commanding  officer  of  regi¬ 
ments,  separate  battalion  and  squadron,  may  order  some 
officer  to  perform  the  duty  until  the  vacancy  is  filled.  Re¬ 
cruiting  officers  may  enroll  applicants  for  enlistment  above 
the  maximum  allowed  by  law,  not  exceeding  fifteen  in  num¬ 
ber  in  each  company,  and  such  applicants  may  be  instructed 
and  drilled  as  recruits,  and  in  the  discretion  of  the  recruiting 
officer  may  be  preferred  for  enlistment  as  vacancies  may 
occur. 

Section  84.  The  officers  named  in  the  preceding  section 
as  recruiting  officers  shall  be  mustering  officers  for  mustering 
in  and  administering  the  prescribed  oath  of  enlistment  to  all 
soldiers  enlisted  by  them.  Mustering  officers  shall  forward 
to  the  commander-in-chief,  through  the  proper  military 
channels,  the  returns  of  the  enlistment  and  muster-in  of 
soldiers  as  soon  as  practicable,  and  not  later  than  ten  days 
thereafter.  Such  returns  shall  be  in  such  form,  and  accom¬ 
panied  by  such  certificates,  descriptive  lists  and  other  infor¬ 
mation  relating  to  the  recruit,  as  may  be  required  by  law 
or  prescribed  in  orders  by  the  commander-in-chief.  But  no 


49 


recruit  shall  knowingly  and  intentionally  be  accepted  who  is 
not  eligible  for  enlistment  under  the  law,  or  who  is  phys¬ 
ically  or  otherwise  below  the  standard  prescribed  by  the 
commander-in-chief.  No  recruit  having  been  accepted  shall 
be  mustered  into  the  service  until  all  the  requirements  of  the 
statute  law,  of  the  militia  regulations,  and  of  all  proper 
orders  relating  to  the  enlistment  and  muster-in  of  soldiers 
have  been  complied  with. 

Section  85.  Recruits  shall  sign  an  enlistment  roll,  in 
form  as  follows :  — 

I,  whose  signature  is  hereunto  affixed,  do  hereby  enlist,  [or 
reenlist,  as  the  case  may  be]  in  [company,  battalion  or  regiment 
or  corps,  etc.]  of  the  Massachusetts  volunteer  militia  for  the 
term  set  against  my  name,  subject  to  all  laws  and  regulations 
which  may  govern  the  same;  and  I  do  declare  that  I  know  of 
no  impediment  to  my  serving  honestly  and  faithfully  as  a 
soldier  for  the  term  of  my  enlistment. 

Section  86.  As  soon  as  practicable,  within  thirty  days 
after  such  enlistment,  the  recruit  shall  be  mustered  in  by  a 
mustering  officer,  before  whom  he  shall  make  oath  as  fol¬ 
lows  :  — 

I,  ,  do  solemnly  swear  that  I  will  bear 

true  faith  and  allegiance  to  the  commonwealth  of  Massachu¬ 
setts,  and  will  support  the  constitution  thereof;  and  I  do  also 
solemnly  swear  that  I  will  faithfully  observe  and  obey  all  laws 
and  regulations  for  the  government  of  the  volunteer  militia  of 
said  commonwealth,  and  the  orders  of  all  officers  elected  or 
appointed  over  me.  I  do  also  solemnly  swear  that  I  will 
support  the  constitution  of  the  United  States.  So  help  me  God. 

Sworn  to  before  me, 

Mustering  Officer. 

Section  87.  No  enlisted  man  shall  be  held  to  duty  in  the 
volunteer  militia  or  receive  any  compensation  or  allowance 
until  he  is  mustered  in.  If  a  soldier  reenlisting  is  absent 
from  the  commonwealth,  or  is  at  such  a  distance  from  his 
command  that  he  cannot  be  mustered  in  by  the  mustering 
officer  of  his  regiment,  separate  battalion,  squadron,  naval 
brigade,  department  or  corps,  he  may,  with  the  approval  of 


Recruits  to 
sign  enlist¬ 
ment  roll. 


Oath  to  be 
administered 
by  mustering 
officer. 


Not  held  to 
duty  until 
mustered  in. 

Soldier  absent 
from  com¬ 
monwealth, 
etc.,  may  take 
oath  before 
certain  civil 
officers. 


50 


Muster  in  of 
unfit  persons 
forbidden. 


No  enlistment 
during  term 
of  service. 


Service 
medals  and 
clasps. 


Discharge 
of  a  com¬ 
missioned 
officer. 


Honorable 
discharge  of 
commissioned 
officer. 


his  proper  commanding  officer,  in  order  to  secure  continuous 
service,  take  the  oath  of  muster  before  a  notary  public, 
United  States  commissioner,  or  if  he  is  abroad,  before  a 
United  States  consul. 

Section  88.  The  commanding  officer  of  any  regiment  or 
battalion  of  field  artillery  or  squadron  of  cavalry,  the  naval 
brigade  and  corps  of  cadets,  may  forbid  the  mustering  in 
of  any  person  enlisted  if  in  his  judgment  such  person  is 
unfit  to  be  a  member  of  the  volunteer  militia. 

Section  89.  No  soldier  whose  term  of  service  in  one  or¬ 
ganization  has  not  expired  shall  enlist  in  another  organiza¬ 
tion  of  the  volunteer  militia. 

Section  90.  To  each  officer  or  enlisted  man  who  com¬ 
pletes  nine  years  of  honorable  service,  continuous  or  other¬ 
wise,  there  shall  be  issued  a  medal,  and  for  each  additional 
five  years  of  like  service,  a  clasp  to  be  affixed  thereto.  Ac¬ 
tive,  retired  or  honorably  discharged  officers  and  enlisted  men 
who  have  served  in  the  military  or  naval  service  of  the 
United  States  in  time  of  war  and  have  been  honorably  dis¬ 
charged  therefrom,  shall  receive  an  additional  clasp  in¬ 
dicative  of  such  service,  to  be  affixed  to  the  medal  herein 
provided  for. 

Discharge  and  Retirement  of  Commissioned  Officers. 

Section  91.  [As  amended  by  section  1,  chapter  444,  Acts 
of  1912.]  An  officer  may  be  discharged  by  order  of 
the  commander-in-chief  upon  an  address  of  both  branches  of 
the  general  court,  to  carry  out  the  lawful  sentence  of  a 
court-martial,  or  under  the  provisions  of  sections  seventy-one 
or  seventy-two  of  this  act. 

Section  92.  [As  amended  by  section  2,  chapter  444,  Acts 
of  1912.]  An  officer  may  be  honorably  discharged  by  the 
commander-in-chief  upon  removal  of  residence  from  the 
commonwealth;  upon  tender  of  resignation;  upon  the  dis¬ 
bandment  of  the  organization  to  which  he  belongs;  or  when 
he  accepts  an  appointment  in  the  army  or  navy  of  the 
United  States.  Officers  in  staff  departments  and  staff  corps 
shall  be  discharged  or  retired  as  provided  for  in  the  case  of 
officers  of  the  line. 


51 


Section  93.  The  term  of  office  of  a  brigadier  general  of 
the  line  shall  hereafter  be  five  years,  and  he  shall  be  ineligible 
for  reelection;  but  this  section  shall  not  affect  the  tenure  of 
office  of  any  brigadier  general  of  the  line  holding  said  com¬ 
mission  on  May  twenty-sixth,  nineteen  hundred  and  six,  for 
whom  the  term  of  office  shall  be  seven  years  from  the  date 
of  his  election. 

Section  94.  The  term  of  office  for  a  colonel  of  a  regi¬ 
ment,  for  the  colonel  of  the  coast  artillery  corps,  and  for  the 
captain  of  the  naval  brigade  shall  hereafter  be  seven  years, 
and  he  shall  be  ineligible  for  reelection;  but  officers  holding 
such  commissions  on  May  twenty-sixth,  nineteen  hundred  and 
six,  shall  be  allowed  to  serve  thereunder  for  seven  years 
from  that  date. 

Section  95.  Any  officer  designated  in  the  preceding  sec¬ 
tions  who  shall  serve  hereafter  the  full  term  allowed  by  this 
act,  shall,  upon  his  own  request,  be  placed  upon  the  retired 
list  with  the  rank  next  above  that  held  by  him  at  the  time 
of  the  making  of  such  request. 

( See  chapter  449,  Acts  of  1911,  fixing  term  of  office  of  cer¬ 
tain  chiefs  of  departments,  inserted  after  section  20  in  this 
codification.) 

Section  96.  [As  amended  by  chapter  441,  Acts  of  1912.] 
Any  commissioned  officer  in  the  militia  service  who  has 
served  as  such  in  the  active  militia  of  this  commonwealth 
for  the  period  of  ten  years  may,  upon  his  own  application, 
be  placed  upon  the  retired  list  with  the  rank  held  by  him  at 
the  time  of  making  such  application;  but  an  officer  who,  at 
the  time  of  making  such  application,  has  remained  in  the 
same  grade  for  the  period  of  ten  years,  or  has  served  as  a 
commissioned  officer  for  the  period  of  fifteen  years,  or  having 
served  in  the  army  or  navy  of  the  United  States  in  time  of 
war  and  having  been  honorably  discharged  therefrom  has 
also  served  as  a  commissioned  officer  in  the  militia  of  this 
commonwealth  for  the  period  of  five  years,  may  be  retired 
with  the  rank  next  in  grade  above  that  held  by  him  during 
the  six  months  preceding  the  time  of  making  such  applica¬ 
tion.  Any  commissioned  officer  requesting  retirement  after 
the  completion  of  twenty-five  years  or  more  of  commissioned 
service  may  be  placed  upon  the  retired  list  with  such  in- 


Tenure  of 
office  of 
brigadier 
general  of 
the  line. 


Tenure  of 
office  of 
colonel  of  a 
regiment  or 
coast  artillery 
corps  and  cap¬ 
tain  of  naval 
brigade. 


Certain 
officers  may 
be  retired. 


Retirement  of 
commissioned 
officers. 


52 


Officer  may 
be  retired 
when  phys¬ 
ically  unfit 
for  duty. 


Certain 
discharged 
officers  may 
be  placed 
upon  retired 
list. 


Names  of  re¬ 
tired  officers 
to  be  printed 
in  register. 


Privileges 
and  duties 
of  retired 
officers. 


crease  in  rank  as  the  commander-in-chief  may  direct.  A 
commissioned  officer  upon  the  retired  list  who  accepts  a 
commission  in  the  active  militia  may  at  any  time,  upon  his 
application,  be  placed  again  upon  the  retired  list  with  the 
rank  with  which  he  was  formerly  retired :  provided ,  however , 
that  if  his  latest  service  on  the  active  list  has  entitled  him 
to  a  grade  on  the  retired  list  higher  than  that  previously 
held  by  him,  he  shall  be  given  such  higher  grade.  At  his 
own  request,  an  officer  applying  for  retirement,  or  a  retired 
officer,  may  be  given  any  rank  of  the  same  grade  then  held 
by  him  or  of  a  lower  grade. 

Section  97.  The  commander-in-ehief  may  retire  any  com¬ 
missioned  officer  who  shall  have  been  ordered  by  him  before 
a  medical  board  consisting  of  at  least  three  commissioned 
medical  officers,  if  such  board  report  him  to  be  physically 
unable  to  perform  the  duties  of  his  office. 

Section  98.  Any  officer  who  has  been  honorably  dis¬ 
charged  from  the  militia  since  the  year  eighteen  hundred  and 
ninety-eight,  may,  upon  application  to  the  commander-in- 
chief,  have  such  discharge  rescinded,  and  be  placed  upon  the 
retired  list  under  the  provisions  of  this  act. 

Section  99.  The  names  and  records  of  all  retired  offi¬ 
cers  shall  annually  be  printed  in  a  separate  register  in  the 
order  of  their  retired  rank,  to  be  appended  to  the  report  of 
the  adjutant  general. 

Section  100.  Retired  officers  shall  be  commissioned  on  the 
retired  list  by  the  commander-in-chief,  and  on  occasions  of 
ceremony  may,  and  when  acting  under  orders  as  hereinafter 
provided  shall,  wear  the  uniform  of  their  retired  rank.  They 
shall  be  eligible  to  perform  any  military  duty  to  the  same 
extent  as  if  not  retired,  and  the  commander-in-chief  may,  in 
his  discretion,  require  them  to  serve  upon  military  boards, 
courts  of  inquiry  and  courts-martial,  or  to  perform  any  other 
special  or  temporary  military  duty,  and  for  such  service  they 
shall  receive  the  pay  and  allowances  provided  for  like  service 
by  officers  of  the  active  militia :  provided,  however,  that  they 
shall  only  receive  the  pay,  allowances  and  benefits  provided 
for  in  this  act  while  on  active  duty.  They  shall  be  amenable 
to  court-martial  for  military  offences,  as  if  upon  the  active 
list  of  the  volunteer  militia.  Their  names  shall  be  borne  on 


53 


a  separate  roster,  kept  under  the  supervision  of  the  adjutant 
general.  They  shall  report  to  the  adjutant  general  any 
change  in  their  residence.  An  officer  now  on  the  retired  list 
may,  on  application,  receive  a  commission  on  the  retired 
list  as  provided  above,  and  such  commission  shall  state  the 
date  on  which  he  was  retired. 

Section  101.  The  commander-in-chief  may  dismiss  an 
officer  who  has  been  convicted  of  crime,  or  who  has  been 
dishonorably  discharged  or  dismissed  from  the  service  of  the 
United  States,  or  from  the  militia  of  this  or  any  other  state; 
or  he  may  dismiss  an  officer  in  order  to  carry  out  the  sen¬ 
tence  of  a  court-martial. 

Section  102.  Officers  discharged  from  the  service  of  the 
commonwealth  shall  be  entitled  to  a  certificate  of  discharge, 
in  such  form  as  the  commander-in-chief  shall  direct. 

Discharge  of  Enlisted  Men. 

Section  103.  [As  amended  by  chapter  87,  Acts  of  1912.] 
No  enlisted  man  shall  be  discharged  before  the  expiration  of 
his  term  of  service,  except  by  order  of  the  commander-in- 
ehief,  and  for  the  following  reasons:  upon  acceptance  of 
promotion  by  commission;  upon  removal  of  residence  from 
the  commonwealth,  or  so  far  from  the  bounds  of  the  com¬ 
mand  to  which  he  belongs  that  he  cannot,  in  the  opinion  of 
his  commanding  officer,  properly  perform  his  military  duty ; 
upon  disability,  established  by  certificate  of  a  medical  officer ; 
upon  conviction  of  a  felony;  when  in  the  opinion  of  the  com¬ 
mander-in-chief  the  interests  of  the  service  require  his  dis¬ 
charge  ;  to  carry  out  the  sentence  of  a  court-martial ;  or  upon 
application  of  his  company  commander,  approved  by  a 
superior  commander:  provided,  however,  that  whenever  the 
commanding  officer  of  a  company  shall  apply  to  his  superior 
commander  for  the  discharge  of  an  enlisted  man  as  last  pro¬ 
vided  above,  he  shall  at  once  notify  the  enlisted  man  of  such 
application;  and  should  the  enlisted  man,  within  seven  days 
after  such  notification  by  his  company  commander,  apply 
directly  to  the  commanding  officer  of  his  organization,  or, 
in  case  of  unattached  companies,  to  the  adjutant  general, 
for  a  hearing  upon  the  application  for  his  discharge,  he 


Dismissal  of 
officer. 


Certificate  of 
discharge. 


Reasons  for 
discharge. 


Man  to  be 
notified  when 
discharge 
applied  for 
by  company 
commander. 


54 


Dishonorable 

discharge. 


Certificate  of 
discharge. 


Commissioned 
officers  to 
provide  them¬ 
selves  with 
uniforms,  etc. 


Uniform  or 
insignia  to  be 
worn  only  by 
persons  en¬ 
titled  thereto. 


Penalty  for 

unauthorized 

wearing. 


Organiza¬ 
tions  to  be 
provided  with 
uniforms,  etc. 


Quartermas¬ 
ter  general  to 
issue  upon 
requisition. 


shall  be  given  a  hearing,  and,  if  he  so  requests,  shall  be 
represented  by  counsel,  at  his  own  expense. 

Section  104.  A  dishonorable  discharge,  or  a  discharge 
in  such  form  as  to  forbid  reenlistment,  shall  be  given  only 
upon  a  sentence  of  a  court-martial. 

Section  105.  A  discharged  soldier  shall  be  furnished  with 
a  certificate  of  discharge,  setting  forth  his  rank,  and  stating 
clearly  the  reason  for  his  discharge. 

Arms,  Uniforms  and  Equipments. 

Section  106.  [As  amended  by  chapter  67,  Acts  of  1912.] 
Commissioned  officers  shall  provide  themselves  with  uni¬ 
forms,  arms  and  equipments  prescribed  by  the  commander- 
in-chief,  which  shall  be  free  from  attachment,  distress,  exe¬ 
cution  or  sale  for  debt  or  payment  of  taxes.  Any  part  of 
the  uniform  or  insignia  of  rank  prescribed  for  the  officers 
or  enlisted  men  of  the  volunteer  militia  shall  be  worn  only 
by  persons  entitled  thereto  by  commission  or  enlistment 
under  the  laws  of  this  commonwealth  or  of  the  United 
States  or  of  another  state  of  the  United  States;  but  an  hon¬ 
orably  discharged  officer  or  enlisted  man  may  upon  public 
occasions  wear  the  uniform  and  insignia  of  rank  to  which 
his  commission  or  rank  entitled  him  while  in  service.  A  per¬ 
son  violating  any  provision  of  this  section  shall  be  punished 
by  a  fine  of  not  less  than  ten  and  not  more  than  one  hun¬ 
dred  dollars,  on  complaint  of  any  officer  or  enlisted  man  of 
the  militia. 

Section  107.  [As  amended  by  chapter  554,  Acts  of 
1911.]  Except  as  provided  in  the  preceding  section,  organ¬ 
izations  of  the  volunteer  militia  shall  be  provided,  at  the 
expense  of  the  commonwealth,  with  the  uniforms,  arms, 
equipments,  colors,  musical  instruments,  books  of  instruc¬ 
tion  and  of  record,  supplies  and  camp  and  garrison  equipage 
and  wagons  and  draft  horses  necessary  for  their  proper 
training  and  instruction  and  the  performance  of  military 
duty.  Such  property  shall  be  issued,  by  the  quartermaster 
general,  upon  requisition,  to  the  commanders  of  brigades, 
regiments,  separate  battalion,  squadron,  corps  of  cadets, 
companies,  staff  corps  and  departments,  or  detachments; 
but  in  time  of  peace  no  uniforms,  arms,  equipments  or  sup- 


55 


plies  shall  be  issued  to  or  for  the  use  of  any  company  which 
has  not  the  minimum  number  of  enlisted  men.  The  quarter¬ 
master  general  is  authorized  to  make  sales  of  clothing,  equip¬ 
ment,  ordnance  stores  and  medical  stores  for  cash  to  officers 
and  enlisted  men  of  the  Massachusetts  volunteer  militia,  and 
the  money  so  received  by  him  shall  be  paid  to  the  treasurer 
of  the  commonw’ealth. 

Section  108.  The  uniform  of  the  volunteer  militia  shall 
conform  as  nearly  as  practicable  to  that  of  the  regular  army 
of  the  United  States,  shall  be  substantially  alike  for  each 
arm  of  the  service,  and  the  style  shall  be  prescribed  by  the 
commander-in-chief.  No  uniforms,  except  required  yearly 
supplies,  shall  be  provided  by  the  commonwealth  without  a 
special  appropriation  for  that  purpose,  and  they  shall  be 
purchased  under  such  inspection  as  the  commander-in-chief 
may  direct. 

Section  109.  The  uniforms,  arms,  equipments  and  other 
property  so  provided  shall  remain  the  property  of  the  com¬ 
monwealth,  shall  be  used  only  for  military  purposes,  and 
shall  be  returned  when  ordered  by  the  quartermaster  general. 

Section  110.  An  officer  shall,  on  the  first  days  of  July 
and  December  in  each  year,  make  a  full  return  of  the  public 
property  for  military  use  for  which  he  is  accountable,  in 
such  form  as  may  be  prescribed,  and  shall  within  fifteen 
days  thereafter  forward  it  to  the  quartermaster  general. 

Section  111.  All  arms,  equipments  and  military  prop¬ 
erty  furnished  to  the  several  commands  shall  be  deposited  in 
the  armories  or  command  headquarters. 

Section  112.  Every  officer,  noncommissioned  officer  and 
soldier  shall  immediately  after  use  return  thereto  all  military 
property  of  the  commonwealth  issued  to  him  for  military 
service,  and  the  possession  by  him  when  not  on  duty,  or  with¬ 
out  permission,  of  any  such  property  elsewhere  than  in  the 
armory  or  command  headquarters,  shall  be  prima  facie  evi* 
dence  of  embezzlement. 

Section  113.  No  soldier  shall  wear  or  use,  except  upon 
military  duty  or  by  special  permission  of  his  company  com¬ 
mander  or  other  competent  authority,  any  uniform  or  other 
article  of  military  property  belonging  to  the  commonwealth. 

Section  114.  An  officer,  noncommissioned  officer  or  sol- 


Quartermas- 
ter  general 
authorized  to 
make  sales  to 
officers  and 
enlisted  men. 


Uniform  to 
conform  to 
that  of  regU' 
lar  army  of 
the  United 
States. 


To  be  used 
only  for  mili¬ 
tary  purposes. 


Return  to 
quartermas¬ 
ter  general 
July  1  and 
December  1 
each  year. 


To  be  kept  in 
armories  or 
headquarters. 


To  be  re¬ 
turned  after 
use. 


To  be  worn 
only  on  duty 
or  with  per¬ 
mission. 


Responsi¬ 

bility. 


56 


Penalty  for 
soldier  who 
destroys, 
injures  or 
defaces. 


Procedure 
to  institute 
proceedings 
against 
offender. 


Penalty  for 
unlawful  pos¬ 
session,  etc. 


dier  shall  be  responsible  for  the  care,  safe  keeping  and  return 
of  a  uniform  or  other  military  property  delivered  to  him;  he 
shall  use  the  same  for  military  purposes  only,  and  upon  re¬ 
ceiving  a  discharge  or  otherwise  leaving  the  military  service, 
or  upon  the  demand  of  his  commanding  officer,  shall  forth¬ 
with  deliver  such  uniform,  and  all  other  military  property  in 
his  possession,  to  said  commanding  officer,  in  good  order  and 
condition,  reasonable  use  and  ordinary  wear  thereof  ex¬ 
cepted. 

Section  115.  A  soldier  who  wilfully  or  maliciously  de¬ 
stroys,  injures  or  defaces  any  military  property  belonging 
to  or  in  the  care  of  the  commonwealth,  or  retains  it  in  viola¬ 
tion  of  any  provision  of  the  two  preceding  sections,  shall, 
on  complaint  of  the  officer  responsible  for  such  property,  be 
punished  by  a  fine  of  not  more  than  double  the  value  of  the 
property  destroyed,  injured  or  defaced,  such  fine  to  be  paid 
to  the  quartermaster  general  and  to  be  placed  to  the  credit 
of  the  company  commander’s  property  account.  When  any 
officer  or  enlisted  man  neglects  or  refuses  to  return  any  mili¬ 
tary  property  of  the  commonwealth  or  of  the  United  States 
or  of  any  militia  organization,  or  to  account  satisfactorily  for 
it  to  the  officer  responsible  for  the  custody  of  the  property, 
such  custodian  may  make  a  written  complaint  directly  to  the 
chief  of  the  district  police,  describing  the  offender  and  the 
missing  property,  and  thereupon  the  district  police  shall 
make  diligent  search  for  the  property  and  the  offender,  and 
shall  institute  proceedings  against  the  offender,  if  found,  by 
complaint  and  summons,  or  by  arrest  in  case  the  charge 
against  the  offender  is  embezzlement.  Upon  the  filing  with 
the  court  by  a  member  of  the  district  police  of  a  copy  of 
the  complaint  made  by  the  militia  officer,  any  court  of  com¬ 
petent  jurisdiction  shall  issue  a  summons  to  the  defendant 
to  appear,  but  no  warrant  shall  be  granted  except  upon  the 
sworn  complaint  of  such  militia  officer. 

Section  116.  Whoever  wrongfully  purchases,  retains  or 
has  in  his  possession  any  tool  or  implement  marked  or 
branded  as  provided  in  section  thirty-nine,  or  any  weapon  of 
ordnance  or  article  of  clothing,  camp  and  garrison  equipage 
or  field  equipage  issued  by  the  United  States  or  the  com- 


57 


monwealth,  unless  the  same  shall  have  been  issued  to  him  or 
is  in  his  possession  in  accordance  with  law,  shall  be  punished 
by  a  fine  not  exceeding  ten  times  the  value  thereof.  Every 
officer  and  enlisted  man  of  the  militia  who  may  lose  through 
carelessness  or  neglect,  carry  away  or  unlawfully  dispose  of 
arms,  equipment  or  other  military  property  belonging  to  the 
United  States  or  to  the  commonwealth,  shall  be  charged  with 
the  money  value  thereof,  as  determined  by  a  surveying  officer 
or  a  board  of  survey  appointed  by  the  commander-in-chief 
to  investigate  and  report  upon  the  case  and  to  submit  with 
such  report  all  the  evidence  bearing  upon  the  loss  or  dispo¬ 
sition  of  the  property. 

Section  117.  Commissioned  officers  shall  exercise  the 
strictest  care  and  vigilance  for  the  preservation  of  the  uni¬ 
forms,  arms,  equipment  and  military  property  furnished  to 
their  several  commands;  and  in  case  of  any  loss  thereof  or 
damage  thereto,  by  their  neglect  or  default,  they  shall  be 
liable  to  punishment  by  sentence  of  court-martial  for  neglect 
of  duty. 

Section  118.  An  officer  shall  be  accountable  for  public 
'  property  received  by  him  for  military  use ;  and  shall  not  sell, 
loan  or  transfer  the  same,  or  any  part  thereof,  without  the 
authority  of  the  commander-in-chief;  and  shall  be  liable  to 
the  commonwealth  for  all  property  defaced,  injured,  de¬ 
stroyed  or  lost  by  his  neglect  or  default,  or  for  its  value,  to 
be  recovered  in  an  action  of  tort  brought  by  the  judge  advo¬ 
cate  general  in  the  name  of  the  commonwealth. 

Section  119.  An  officer  of  the  volunteer  militia  upon  va¬ 
cating  an  office,  shall  turn  over  to  his  immediate  successor  or 
other  officer  designated  by  the  commander-in-ehief  all  rec¬ 
ords,  reports  and  military  property  in  his  possession  belong¬ 
ing  or  in  any  way  pertaining  to  such  office. 

Section  120.  Upon  the  disbandment  of  any  organization 
which  has  received  property  for  military  use  from  the  quar¬ 
termaster  general,  the  commissioned  officers  thereof  shall  be 
responsible  for  the  safe  return  to  him  of  all  such  property 
in  its  possession;  and  the  officer  receipting  for  such  prop¬ 
erty  shall  be  liable  for  any  loss  or  damage  thereto  as  pro¬ 
vided  in  section  one  hundred  and  eighteen. 


Surveying 
officer  or 
board  of 
survey. 


Officers  liable 
to  court- 
martial  for 
damage  to 
military  prop¬ 
erty  by  their 
neglect  or 
default. 


Accounta¬ 
bility,  etc. 


Officer  to 
turn  over 
property  to 
his  successor, 
or  other  officer 
designated. 


Liability 
upon  dis¬ 
bandment  of 
organization. 


58 


Liability  not 
affected  by 
resignation, 
discharge,  etc. 


Adoption  of 
other  than 
prescribed 
uniform. 


Organiza¬ 
tions  may 
own  personal 
property. 


Inspection 
and  condem¬ 
nation  of 
military 
property. 


Section  121.  Until  an  officer  or  his  legal  representative 
receives  from  the  adjutant  general  notice  that  the  property 
accounts  of  such  officer  have  been  found  correct,  the  liability 
of  such  officer  or  of  his  estate  for  public  property  for  which 
he  is  or  may  have  been  responsible  shall  not  be  affected  by 
his  resignation,  discharge,  change  in  official  position  or 
death.  Upon  the  death  or  desertion  of  an  officer  responsible 
for  public  property  his  immediate  commander  shall  at  once 
cause  such  property  to  be  collected,  and  a  correct  inventory 
made  by  actual  count  and  examination  and  forwarded  to 
the  adjutant  general;  and  compensation  for  any  deficiency 
may  be  recovered  as  provided  in  section  one  hundred  and 
eighteen. 

Section  122.  Any  organization  of  the  militia  may,  with 
the  approval  of  a  majority  of  its  commissioned  officers  and 
of  the  commander-in-chief,  adopt  at  its  own  expense  any 
other  uniform  than  that  prescribed  in  section  one  hundred 
and  eight;  but  such  uniforms  shall  not  be  worn,  except  by 
permission  of  the  commander-in-chief,  when  such  organiza¬ 
tion  is  on  duty  under  his  orders. 

Section  123.  Volunteer  organizations  may  own  personal 
property,  which  shall  be  under  the  control  of  the  active  mem¬ 
bers  thereof ;  and  the  commanding  officer  of  any  organization 
may  recover  in  his  own  name  for  its  use  in  any  county  where 
such  organization  or  part  thereof  is  located  any  debts  or 
effects  belonging  to  it,  or  damages  for  injury  to  such  prop¬ 
erty.  No  suit  or  complaint  pending  in  his  name  shall  be 
abated  by  his  ceasing  to  be  commanding  officer  of  the  organ¬ 
ization;  but  his  successor  shall  be  admitted  to  prosecute  the 
suit  or  complaint. 

Section  124.  [As  amended  by  chapter  142,  Acts  of 
1912.]  The  inspector  general  with  two  officers  designated 
by  the  commander-in-chief  shall  constitute  a  board  to  inspect 
and  condemn  public  military  property  unfit  for  use ;  and  no 
property  shall  be  sold  until  it  has  so  been  inspected  and 
condemned,  and  such  condemnation  approved  by  the  com¬ 
mander-in-chief.  Subsistence  stores  of  a  perishable  nature, 
which  would  spoil  before  action  could  be  taken  under  a  board 
of  inspection  as  above  provided,  may  be  sold  by  the  officer 


59 


responsible  therefor,  after  survey  by  a  surveying  officer 
appointed  by  the  commanding  officer  of  the  organization. 
The  report  of  the  survey,  approved  by  the  commanding  offi¬ 
cer,  shall  be  forwarded  by  the  accountable  officer  with  his 
report  of  the  sale.  The  proceeds  of  all  sales  made  hereunder 
shall  be  paid  into  the  treasury  of  the  commonwealth. 

Section  125.  The  committee  on  military  affairs  of  the 
general  court  shall  annually  visit  the  arsenal,  state  camp 
ground  and  storehouses,  and  shall  thoroughly  examine  the 
same,  and  the  condition  of  the  arms  and  munitions  of  war 
and  other  property  of  the  commonwealth  or  general  govern¬ 
ment  deposited  therein,  and  shall  make  report  thereof  to  the 
general  court. 

Section  126.  The  quartermaster  general,  under  the  direc¬ 
tion  of  the  commander-in-chief,  may,  without  expense  to  the 
commonwealth,  lend  military  camp  equipage  to  any  state  en¬ 
campment  of  posts  of  the  grand  army  of  the  republic,  and 
may  permit  any  such  encampment  to  occupy  the  state  camp 
ground  at  Framingham  and  its  appurtenances  for  a  state 
encampment,  when  this  can  be  done  without  interfering  with 
its  use  by  the  militia.  A  bond,  with  sufficient  sureties  in  dou¬ 
ble  its  value,  shall  be  given  for  the  return  of  such  camp 
equipage  without  loss  or  damage. 

Chapter  118,  Acts  of  1909,  approved  February  26,  1909. 

All  street  railway,  electric  railroad,  and  elevated  railway 
companies  within  the  commonwealth  are  hereby  authorized 
to  transport  military  supplies  and  equipment  over  their  re¬ 
spective  lines,  and  from  and  to  any  point  thereon,  subject 
only  to  the  supervision  of,  and  to  such  regulations  as  may 

be  imposed  by,  the  board  of  railroad  commissioners. 

« 

Armories. 

Section  127.  The  mayor  and  aldermen,  or  the  selectmen, 
shall  provide  for  each  command  of  the  volunteer  militia,  or 
detachment  thereof,  permanently  stationed  within  the  limits 
of  their  respective  cities  and  towns,  a  suitable  hall  for  the 
purpose  of  drill,  and  suitable  rooms  annexed  thereto  for  the 
meetings  of  the  command,  for  administrative  work,  and  for 


Legislative 
committee  to 
make  exam¬ 
ination. 


Quartermas¬ 
ter  general 
may  loan 
camp  equi¬ 
page  to  grand 
army  of  the 
republic. 


Railways  and 
railroads  to 
transport 
military 
property. 


Cities  and 
towns  to 
provide. 


60 


Fuel,  lights, 
etc. 


Penalty. 


Drill  hall  to 
be  provided 
in  certain 
cases. 


Head¬ 

quarters. 


Allowance 
by  com¬ 
monwealth 
to  cities  or 
towns  for 
rental  and 
maintenance 
of  armories 
of  the  third 
class. 


the  safe  keeping  of  military  property;  and  suitable  rooms 
for  each  headquarters  permanently  located  within  their  said 
limits,  for  administrative  work,  for  the  assembling  of  officers 
for  instruction,  and  for  the  safe  keeping  of  military  prop¬ 
erty;  and  they  shall  provide  for  every  such  armory  and 
headquarters  the  necessary  fuel,  lights,  water,  telephone 
service,  janitor  service,  and  necessary  repairs,  or  shall  make 
a  reasonable  allowance  therefor.  Any  city  or  town  failing 
to  comply  with  the  provisions  of  this  section  shall  forfeit  to 
the  commonwealth  not  more  than  five  thousand  dollars;  and 
any  amount  so  forfeited  shall  be  credited  to  the  armory  ap¬ 
propriation  for  the  fiscal  year  in  which  the  forfeiture  occurs. 

Section  128.  Where  two  or  more  commands  of  the  vol¬ 
unteer  militia  are  permanently  stationed  in  the  same  city 
or  town,  the  mayor  and  aldermen,  or  the  selectmen,  may,  if 
practicable,  provide  for  said  commands  a  suitable  hall  for 
drill,  to  be  used  by  them  in  common,  provided  that  in  every 
other  respect  the  provisions  of  section  one  hundred  and 
twenty-seven  are  complied  with.  When  practicable,  head¬ 
quarters  shall  be  established  in  armories  provided  for  their 
respective  commands,  or  units  thereof.  When  a  company 
is  formed  by  men  residing  in  different  cities  or  towns,  the 
permanent  location  for  its  armory  shall  be  determined  by  the 
vote  of  a  majority  of  its  members,  subject  to  the  approval 
of  the  adjutant  general. 

Section  129.  For  each  armory  or  headquarters  located 
in  a  building  not  exclusively  devoted  to  the  use  of  the  vol¬ 
unteer  militia,  provided  and  maintained  by  a  city  or  town 
in  compliance  with  the  provisions  of  section  one  hundred 
and  twenty-seven  or  section  one  hundred  and  twenty-eight, 
there  shall  annually  be  allowed  and  paid  by  the  common¬ 
wealth  the  following  amounts,  which  shall  be  in  full  for 
rental  and  for  all  other  charges  of  maintenance:  for  an 
armory  provided  for  one  company,  not  to  exceed  nine  hun¬ 
dred  dollars;  for  each  additional  company  quartered  there¬ 
with,  not  to  exceed  four  hundred  dollars;  for  each  head¬ 
quarters  located  in  a  building  wherein  are  quartered  no 
other  troops,  not  to  exceed  four  hundred  dollars;  for  each 
headquarters  located  in  the  same  building  with  other  troops, 


61 


not  to  exceed  two  hundred  dollars;  for  a  detachment  from 
any  command,  such  amount  as  may  be  determined  by  the 
adjutant  general:  provided ,  however ,  that  such  amount  shall 
be  deducted  from  the  total  amount  allowed  by  law  for 
armory  rental  and  maintenance  at  the  home  station  of  the 
command  of  which  such  detachment  forms  a  part.  Armories 
provided  and  maintained  under  the  provisions  of  this  section 
shall  be  designated  and  known  as  armories  of  the  third  class. 

Section  130.  The  mayor  and  aldermen  or  the  selectmen 
shall  provide  and  maintain  for  each  command  of  the  volun¬ 
teer  militia  or  detachment  thereof  permanently  stationed 
within  the  limits  of  their  respective  cities  and  towns  suitable 
grounds  for  parade,  drill  and  small  arms  practice.  Any  city 
or  town  failing  to  comply  with  this  provision  shall  forfeit 
to  the  commonwealth  not  more  than  five  thousand  dollars, 
any  amount  so  forfeited  to  be  credited  to  the  appropriation 
for  small  arms  practice  for  the  fiscal  year  in  which  the  for¬ 
feiture  occurs.  When  two  or  more  commands  of  the  vol¬ 
unteer  militia  are  permanently  stationed  in  the  same  city 
or  town,  the  mayor  and  aldermen  or  the  selectmen  may,  if 
practicable,  provide  for  said  commands  a  suitable  range 
for  small  arms  practice,  to  be  used  by  them  in  common, 
provided  that  in  every  other  respect  the  foregoing  provi¬ 
sions  of  this  section  are  complied  with.  Such  grounds  for 
parade,  drill  or  small  arms  practice  may  be  acquired  by 
purchase,  taking  or  lease.  The  mayor  of  any  city  or  the 
selectmen  of  any  town  so  purchasing  or  taking  land  shall 
cause  a  plan  and  description  thereof  to  be  filed  in  the  regis¬ 
try  of  deeds  for  the  county  and  district  in  which  such  land 
is  situated;  and  such  filing  and  the  date  thereof  shall  be 
notice  to  all  persons  of  the  purchase  or  taking;  and  the  title 
to  lands  so  purchased  or  taken  shall  vest  absolutely  in  the 
city  or  town  and  its  assigns.  In  case  land  is  taken  under 
authority  hereof  and  the  parties  are  unable  to  agree  upon 
the  damages,  either  party  may  file  in  the  superior  court 
within  two  years  after  the  date  of  recording  the  taking,  as 
above  provided,  a  petition  asking  that  the  damages  be 
assessed;  and  thereupon  the  damages  shall  be  assessed  in 
the  manner  provided  for  the  assessment  of  damages  in  the 


Cities  and 
towns  to  pro¬ 
vide  grounds 
for  parade, 
drill  and 
small  arms 
practice. 


62 


Allowances 
to  cities  and 
towns  for 
rental  and 
maintenance 
of  armories 
of  second 
class. 


ease  of  land  taken  for  laying  out  highways.  Cities  and  towns 
in  which  headquarters,  commands  or  detachments  of  the 
volunteer  militia  are  permanently  stationed  may  raise  money 
by  taxation  or  otherwise  for  the  purpose  of  acquiring  land 
for  drill  grounds  or  ranges  for  small  arms  practice  or  for 
complying  with  the  provisions  of  sections  one  hundred  and 
twenty-seven  and  one  hundred  and  thirty-one. 

Section  131.  For  each  armory,  other  than  an  armory  of 
the  first  class,  maintained  by  a  city  or  town  in  a  building 
constructed  or  provided  for  the  exclusive  use  and  occu¬ 
pancy  of  the  volunteer  militia,  no  part  thereof  being  devoted 
to  any  other  purpose  except  in  accordance  with  the  later  pro¬ 
visions  of  this  section  or  with  those  of  section  one  hundred 
and  forty,  there  shall  annually  be  allowed  and  paid  by  the 
commonwealth  the  following  amounts :  for  the  rental  of  an 
armory  in  which  are  quartered  not  more  than  two  companies, 
an  amount  not  exceeding  twelve  hundred  dollars,  and  further 
sums  not  exceeding  four  hundred  dollars  for  each  company 
or  two  hundred  dollars  for  each  headquarters  quartered  in 
said  armory  in  addition  to  the  two  companies  first  named: 
provided,  however,  that  the  aggregate  sum  allowed  as  rental 
for  said  armory  shall  not  exceed  four  per  cent  of  the  total 
cost  thereof,  including  the  amounts  paid  for  both  land  and 
building;  for  all  other  expenses  of  the  maintenance  of  an 
armory  maintained  under  the  provisions  of  this  section  in 
which  are  quartered  not  more  than  two  companies,  a  sum 
not  exceeding  six  hundred  dollars,  and  further  sums  not 
exceeding  one  hundred  dollars  for  each  company  or  fifty 
dollars  for  each  headquarters  in  addition  to  the  two  first 
named  companies,  and  quartered  in  the  same  building  there¬ 
with.  Armories  constructed  or  provided  and  maintained 
under  the  provisions  of  this  section  shall  be  designated  and 
known  as  armories  of  the  second  class.  Cities  and  towns 
constructing  or  maintaining  armories  of  the  second  class,  as 
herein  provided,  may  by  enlargements  of  or  additions 
thereto,  in  accordance  with  plans  approved  by  the  quarter¬ 
master  general,  provide  rooms  for  municipal  or  town  offices. 
The  cost  of  such  additions  or  enlargements  shall  be  ascer¬ 
tained  to  the  satisfaction  of  the  quartermaster  general,  and 


63 


allowances  for  rents  of  such  armories,  so  far  as  the  same 
may  be  based  upon  the  cost  thereof,  shall  exclude  the  cost 
of  such  additions  or  enlargements.  The  amount  to  be 
allowed  to  a  corps  of  cadets  shall  be  determined  by  the 
commander-in-chief,  but  shall  not  exceed  the  allowance 
which  would  be  made  in  the  aggregate  to  a  battalion  of 
four  companies  and  the  headquarters  thereof  when  quartered 
in  an  armory  of  the  second  class. 

Section  132.  The  governor,  with  the  advice  and  consent 
of  the  council,  shall  appoint  a  regimental  commander,  who, 
together  with  the  adjutant  general  and  the  quartermaster 
general,  shall  be  armory  commissioners.  The  adjutant  gen¬ 
eral  shall  serve  without  compensation;  the  quartermaster 
general  and  the  regimental  commander  shall  receive  such  pay 
for  duty  performed  as  the  commander-in-chief  shall  order. 
In  addition  to  these  three  persons,  the  senior  officer  of  the 
troops  to  be  quartered  in  any  armory  shall  be  a  consulting 
member  of  the  armory  commission  during  the  period  of 
construction  of  such  armorv,  but  shall  have  no  vote  as  a 
member  of  said  commission,  and  shall  serve  thereon  without 
compensation  other  than  reimbursement  for  expenses  ac¬ 
tually  incurred  in  the  performance  of  his  duty. 

The  armory  commissioners  shall  have  full  supervision 
and  control  of  the  construction  of  all  armories  erected  by 
the  commonwealth,  and  on  the  completion  and  acceptance  of 
any  such  armory  the  care  and  maintenance  thereof,  as 
well  as  the  care  and  maintenance  of  all  armories  belong¬ 
ing  to  the  commonwealth,  shall  devolve  upon  the  quarter¬ 
master  general. 

Section  133.  [As  amended  by  chapter  323,  Acts  of 
1909,  ^and  chapter  665,  Acts  of  1912.]  The  armory  com¬ 
missioners  shall  rebuild,  remodel  or  repair  armories  of 
the  first  class  which  have  been  injured  or  destroyed  by 
fire,  and  may  reconstruct,  remodel,  enlarge  or  otherwise 
improve  existing  state  armories,  if  in  their  judgment  the 
needs  of  the  service  demand  it,  and  shall  construct  addi¬ 
tional  armories  until  the  volunteer  militia  shall  be  pro¬ 
vided  with  adequate  quarters.  The  armory  commissioners 
•  shall  designate  the  location  of  armories  so  to  be  constructed 


i 


Armory  com¬ 
missioners, 
appoint¬ 
ment,  etc. 


Armories 
injured  or 
destroyed  to 
be  restored, 
etc. 


64 


Taking  of 
land  for 
armories. 


Determina¬ 
tion  of  value 
of  land  taken. 


Purchase 
of  armories 
of  second 
class. 


and  shall  thereupon  acquire  by  purchase  or  otherwise  suit¬ 
able  lots  of  land  in  the  respective  cities  and  towns  desig¬ 
nated,  and  shall  erect,  furnish  and  equip  thereon  armories 
sufficient  for  one  or  more  companies  of  militia,  and  for 
such  other  commands  or  headquarters  thereof  permanently 
stationed  in  any  such  city  or  town  as  they  may  deem  neces¬ 
sary;  but  no  land  shall  be  acquired  and  no  building  shall 
be  erected,  reconstructed,  remodeled  or  enlarged  until  the 
site  and  plans  thereof,  respectively,  and  the  total  cost  to  be 
authorized  therefor,  have  been  approved  by  the  governor 
and  council.  The  said  commissioners  shall  cause  to  be  re¬ 
corded  in  the  registry  of  deeds  for  the  county  and  dis¬ 
trict  in  which  the  land  lies,  a  description  of  the  land  so 
taken,  as  certain  as  is  required  in  an  ordinary  conveyance 
of  land,  with  a  statement  signed  by  the  commissioners  that 
it  is  taken  for  the  commonwealth;  and  thereupon  title  to 
the  land  so  taken  shall  vest  in  the  commonwealth.  The 
act  and  time  of  filing  the  said  description  shall  be  the  act 
and  time  of  taking  such  land,  and  notice  to  all  persons  that 
the  same  has  so  been  taken. 

The  armory  commissioners  may,  by  agreement  with  the 
owner  of  the  land  taken,  determine  the  value  thereof,  and, 
in  default  of  such  agreement,  either  party  may  have  a  jury 
in  the  superior  court  to  determine  such  value  in  the  man¬ 
ner  provided  for  the  determination  of  damages  for  land 
taken  for  laying  out  highways,  if  the  petition  therefor  is 
filed  in  the  clerk’s  office  of  the  superior  court  for  the 
county  in  which  the  land  lies  within  one  year  after  the 
taking.  The  amount  determined  by  agreement  of  said 
commissioners  or  by  verdict  as  the  value  of  any  property 
so  purchased  or  taken  shall  be  paid  from  the  treasury  of 
the  commonwealth  upon  the  execution  of  such  release  or 
conveyance  as  shall  be  prescribed  by  the  attorney-general. 

Section  134.  The  armory  commissioners  may,  by  agree¬ 
ment  with  the  mayor  and  aldermen  of  any  city  or  the 
selectmen  of  any  town  in  which  is  located  an  armory  of 
the  second  class,  determine  the  value  of  the  land  and  build¬ 
ings,  and  upon  the  approval  of  such  agreement  by  the 
governor  and  council  may  purchase  and  acquire  the  said 


65 


armory  for  and  in  the  name  of  the  commonwealth,  and 
thereupon  title  to  the  land  and  buildings  so  purchased  and 
acquired  shall  vest  absolutely  in  the  commonwealth. 

The  armory  commissioners  may  by  agreement  with  the 
owners  of  the  armory  of  the  first  corps  of  cadets  in  the 
city  of  Boston  and  of  the  armory  of  company  E,  fifth 
regiment,  in  the  city  of  Medford,  determine  the  value  of 
the  land  and  buildings,  and  upon  the  approval  of  such 
agreement  by  the  governor  and  council  may  purchase  and 
acquire  for  and  in  the  name  of  the  commonwealth  either 
or  both  of  said  armories. 

Section  135.  To  meet  the  expenses  incurred  under  the 
preceding  two  sections,  the  treasurer  and  receiver  general 
shall,  with  the  approval  of  the  governor  and  council, 
issue  registered  or  coupon  bonds  in  the  name  and  behalf 
of  the  commonwealth  and  under  its  seal,  for  terms  not 
exceeding  thirty  years,  with  interest  not  exceeding  four 
per  cent  per  annum,  payable  semi-annually  on  the  first 
days  of  March  and  September.  They  shall  be  designated  on 
the  face  thereof,  Armory  Loan  Bonds,  and  shall  be  counter¬ 
signed  by  the  governor.  The  treasurer  and  receiver  general 
shall,  on  issuing  said  bonds,  establish  a  sinking  fund  and 
shall  apportion  thereto  annually  an  amount  sufficient  with 
its  accumulations  to  extinguish  the  debt  at  maturity.  The 
amount  required  each  year  to  pay  the  interest  and  sinking 
fund  requirements  shall  be  raised  annually  by  taxation. 

Section  136.  Armories  built  by  the  armory  commis¬ 
sion  under  the  provisions  of  sections  one  hundred  and  fif¬ 
teen,  one  hundred  and  sixteen,  one  hundred  and  seventeen, 
one  hundred  and  eighteen  and  one  hundred  and  nineteen 
of  chapter  four  hundred  and  sixty-five  of  the  acts  of  the 
year  nineteen  hundred  and  five,  as  amended  by  section  nine 
of  chapter  five  hundred  and  four  of  the  acts  of  the  year 
nineteen  hundred  and  six,  and  by  sections  six  to  ten,  both 
inclusive,  of  chapter  five  hundred  and  twenty-six  of  the 
acts  of  the  year  nineteen  hundred  and  seven,  or  under  the 
corresponding  provisions  of  earlier  laws,  and  armories  here¬ 
after  erected  under  the  provisions  of  this  act,  shall  be 
.  designated  and  known  as  armories  of  the  first  class.  The 


May  purchase 
armory  of 
first  corps  of 
cadets  and 
armory  of 
company  E, 
fifth  regiment. 


Armory 
Loan  Bonds. 


Armories  of 
first  class. 


66 


Cities  and 
towns  i’e- 
lieved  of 
■certain  obli¬ 
gations,  etc. 


Care  and 
control  of 
armories. 


Cities  and 
towns  provid¬ 
ing  armories 
to  make  an¬ 
nual  returns. 


armory  loans  heretofore  issued  are  hereby  ratified  and  con¬ 
firmed,  and  to  meet  the  interest  and  sinking  fund  require¬ 
ments  of  the  same,  the  treasurer  and  receiver  general  shall 
apportion  to  the  sinking  fund  from  year  to  year  an  amount 
sufficient  with  the  accumulations  of  said  fund  and  the 
amount  now  therein  to  extinguish  at  maturity  the  debt  in¬ 
curred  by  all  bonds  issued  by  the  commonwealth  for 
armories.  The  amount  necessary  to  meet  the  annual  sink¬ 
ing  fund  requirements  and  to  pay  the  interest  on  said  bonds 
shall  be  raised  annually  by  taxation.  Any  premium  over 
the  par  value  of  said  bonds  received  from  the  sale  thereof 
shall  form  part  of  the  sinking  fund  for  their  redemption. 

Section  137.  Upon  the  taking  for  and  in  the  name  of 
the  commonwealth  of  any  armory  of  the  first  or  second 
class,  the  adjutant  general  shall  notify  the  city  or  town  in 
which  such  armory  is  situated,  and  thereupon  all  the  obliga¬ 
tions  of  said  city  or  town  under  sections  one  hundred  and 
twenty-seven  and  one  hundred  and  twenty-eight  of  this  act 
and  all  allowances  and  payments  by  the  commonwealth  for 
rent  shall  cease,  as  to  the  organizations  quartered  therein. 

All  armories  taken,  purchased  or  erected  under  the  pro¬ 
visions  of  this  act  shall  be  under  the  control  of  the  com¬ 
mander-in-chief,  and  shall  be  cared  for  and  maintained  by 
the  commonwealth,  and  the  necessary  expenditures  for  care 
and  maintenance  shall  be  made  subject  to  the  approval  of 
the  quartermaster  general. 

Section  138.  The  mayor  and  aldermen  of  a  city  or  the 
selectmen  of  a  town  providing  an  armory  or  armories,  or 
headquarters,  for  the  use  of  the  volunteer  militia,  shall 
annually  on  or  before  the  first  day  of  February  make  re¬ 
turns  thereof  to  the  quartermaster  general  on  blank  forms 
to  be  provided  by  him.  All  statements  contained  therein 
shall  be  sworn  to  by  at  least  two  members  of  the  board  of 
aldermen  or  by  two  of  the  selectmen  of  the  city  or  town. 
All  such  returns  shall  give  the  designation  and  location  of 
each  armory  or  headquarters,  the  name  of  each  command  or 
headquarters  therein  quartered,  the  rental  paid  or  charged 
for  the  same,  and,  when  required  by  the  classification  of 
such  armories  or  headquarters,  the  expenses  incurred  in 


67 


heating,  lighting,  and  repairing  the  same,  in  furnishing 
water,  telephones  and  janitor  service,  as  well  as  the  aggre¬ 
gate  cost  of  the  land  and  building.  The  quartermaster  gen¬ 
eral  shall  examine  each  return  so  made  and  shall  allow  or 
disallow,  in  whole  or  in  part,  the  sums  so  returned,  his 
decision  being  subject  to  review  and  amendment  by  the 
commander-in-chief.  He  shall,  not  later  than  March  first 
of  each  year,  file  with  the  auditor  his  certificate,  stating  the 
sum  allowed  for  each  armory,  the  name  of  the  command  or 
headquarters  occupying  the  same,  and  the  city  or  town 
making  the  return,  and  thereupon  he  shall  notify  the  mayor 
or  the  selectmen  of  the  sum  allowed,  which  shall  be  paid 
to  such  city  or  town:  provided,  however,  that  no  return 
received  by  the  quartermaster  general  after  the  first  day  of 
February  shall  be  allowed. 

Section  139.  Every  officer  whose  command  occupies,  or 
assembles  or  drills  in  any  armory,  drill  hall  or  building 
used  according  to  law  for  such  purpose,  shall  have  control 
of  such  premises  during  the  period  of  occupation,  subject 
to  the  orders  of  his  superior  officers;  and  any  person  who 
intrudes  contrary  to  his  orders  or  to  the  orders  of  his 
superior  officers,  or  who  interrupts,  molests,  obstructs  or 
insults  the  troops  or  any  of  them  so  occupying  such  prem¬ 
ises,  may  be  ejected,  forcibly,  if  necessary,  or  may  be  dealt 
with  as  provided  in  sections  one  hundred  and  sixty-four 
and  one  hundred  and  sixty-five  for  like  offences,  at  the  dis¬ 
cretion  of  such  officer  or  of  his  superior  officers;  but  in 
armories  of  the  second  and  third  classes  reasonable  inspec¬ 
tion  of  the  premises  may  be  made  by  the  mayor  and  aider- 
men  or  by  the  selectmen,  or  by  the  owners  of  the  premises 
if  such  inspection  is  according  to  the  terms  of  the  lease. 

Section  140.  Armories  provided  for  the  militia  shall 
not  be  used  except  by  the  organized  militia  for  such  mili¬ 
tary  purpose  or  purposes  incidental  thereto  as  may  be 
designated  by  the  commander-in-chief:  provided,  however, 
that  the  commander-in-chief,  upon  terms  and  conditions  to 
be  prescribed  by  him  and  upon  an  application  approved 
by  the  military  custodian  of  an  armory  provided  in  any  city 
•  or  town  for  the  militia,  may  allow  the  temporary  use  of 


Officers  to 
have  control 
of  armory. 


May  eject 
intruder,  etc. 


Use  of 
armories. 


9 


68 


Flags  to  be 
displayed  on 
armories,  etc. 


Flag  of  the 
common¬ 
wealth 
defined. 


Commander- 
in-chief  or 
brigade  com¬ 
mander  may 
call  out  militia 
in  case  of 
invasion  or 
insurrection. 


such  armory  for  public  purposes.  The  compensation  fixed 
by  the  commander-in-chief  for  every  such  temporary  use 
shall  be  paid  to  the  treasurer  and  receiver  general  within 
ten  days  after  the  occupation  of  the  armory  for  such  tem¬ 
porary  use  ceases,  accompanied  by  the  certificate  of  the 
quartermaster  general  that  the  sum  so  paid  is  the  correct 
amount;  and  all  moneys  so  received  shall  be  paid  into  the 
treasury  of  the  commonwealth. 

Chapter  60,  Acts  of  1909,  approved  February  15,  1909, 

The  flag  of  the  United  States  and  the  flag  of  the  com¬ 
monwealth  shall  be  displayed  on  the  main  or  administration 
building  of  each  of  the  public  institutions  of  the  common¬ 
wealth.  The  flags  shall  be  of  suitable  dimensions  and  shall 
be  flown  every  day  when  the  weather  permits.  The  cost 
of  such  flags  and  of  the  necessary  means  for  their  display 
shall  be  paid  from  the  appropriations  for  the  several  in¬ 
stitutions. 

Chapter  229,  Acts  of  1908,  approved  March  18,  1908. 

The  flag  of  the  commonwealth  of  Massachusetts  shall 
bear  on  one  side  a  representation  of  the  coat-of-arms  of 
the  commonwealth,  as  prescribed  by  section  one  of  chapter 
two  of  the  Revised  Laws,  upon  a  white  field,  and  on  the 
other  side  a  blue  shield  bearing  a  representation  of  a  green 
pine  tree,  upon  a  white  field.  When  carried  as  colors  by 
troops  or  otherwise,  the  flag  shall  be  bordered  by  a  fringe 
and  surmounted  by  a  cord  and  tassels,  the  fringe,  cord  and 
tassels  to  be  of  golden  yellow.  The  staff  shall  be  of  white 
ash  or  of  wood  of  a  similar  light  color,  tipped  with  a 
spearhead  of  gilt. 

Tours  of  Duty,  Inspection  and  Drills. 

Section  141.  The  commander-in-chief  shall  call  out  the 
volunteer  militia  to  repel  an  invasion  or  to  suppress  an 
insurrection  made  or  threatened.  If  such  invasion  or  in¬ 
surrection  or  imminent  danger  thereof  is  so  sudden  that 
the  commander-in-chief  cannot  be  informed  and  his  orders 


69 


seasonably  received  and  executed,  a  brigade  commander  in 
that  part  of  the  commonwealth  may  order  out  his  brigade, 
or  any  part  thereof. 

Section  142.  In  case  of  a  tumult,  riot,  mob,  or  a  body 
of  men  acting  together  by  force  to  violate  or  resist  the  laws 
of  the  commonwealth,  or  when  such  tumult,  riot  or  mob  is 
threatened  and  the  fact  appears  to  the  commander-in¬ 
chief,  to  the  sheriff  of  the  county,  to  the  mayor  of  the  city 
or  to  the  selectmen  of  the  town,  the  commander-in-chief 
may  issue  his  order,  or  such  sheriff,  mayor  or  selectmen  may 
issue  a  precept,  directed  to  any  commander  of  a  brigade, 
regiment,  naval  brigade,  battalion,  squadron,  corps  of  cadets 
or  company,  within  their  jurisdiction,  directing  him  to 
order  his  command,  or  a  part  thereof,  to  appear  at  a  time 
and  place  therein  specified  to  aid  the  civil  authority  in 
suppressing  such  violence  and  supporting  the  laws;  which 
precept  shall  be  in  substance  as  follows :  — 

Commonwealth  of  Massachusetts. 

To  [insert  the  officer’s  title]  A.  B.,  commanding  [insert  his 
command]. 

Whereas,  it  appears  to  [the  sheriff,  mayor  or  the  selectmen] 
of  the  [county,  city  or  town]  of  ,  that  [here  state 

one  or  more  of  the  causes  above  mentioned]  in  our 
of  ,  and  that  military  force  is  necessary  to  aid  the 

civil  authority  in  suppressing  the  same:  Now,  therefore,  we 
command  you  that  you  cause  [your  command,  or  such  part 
thereof  as  may  be  desired],  armed  and  equipped  with  ammu¬ 
nition  and  with  proper  officers,  to  parade  at  ,  on 

,  then  and  there  to  obey  such  orders  as  may  be 
given  according  to  law.  Hereof  fail  not  at  your  peril,  and 
have  you  there  this  precept  with  your  doings  returned  thereon. 

This  precept  shall  be  signed  by  such  sheriff,  mayor  or 
selectmen  and  may  be  varied  to  suit  the  circumstances  of 
the  case;  and  a  copy  of  the  same  shall  immediately  be  for¬ 
warded  by  such  sheriff,  mayor  or  selectmen  to  the  com¬ 
mander-in-chief. 

Section  143.  The  officer  to  whom  the  order  of  the  com¬ 
mander-in-chief  or  brigade  commander,  or  such  precept,  is 
directed  shall  forthwith  order  the  troops  therein  called  for 


Commander- 
in-chief, 
sheriff,  mayor 
or  selectmen 
may  order 
militia  to  aid 
civil  authority 
in  case  of 
tumult,  riot, 
mob,  etc. 


Form  of 
precept. 


Duties  of 
officer  to 
whom  precept 
or  order 
directed. 


70 


Penalty  for 
refusal  or 
neglect. 


Troops  to 
appear  as 
directed, 
armed,  etc. 


Orders  to  be 
in  writing 
when  prac¬ 
ticable. 


Officers  and 
soldiers  not 
to  be  liable 
in  certain 
cases. 


Officer  to  be 
detailed  to 
command 
company  with¬ 
out  officers. 


to  parade  at  the  time  and  place  appointed,  and  shall  im¬ 
mediately  notify  the  commander-in-chief  of  his  order,  di¬ 
rectly  in  the  most  expeditious  manner,  and  by  letter  through 
the  usual  military  channels. 

Section-  144.  If  an  officer  refuses  or  neglects  to  obey 
such  order  or  precept,  or  if  any  officer  or  soldier  neglects 
or  refuses  to  obey  an  order  issued  in  pursuance  thereof, 
he  shall  be  punished  as  a  court-martial  may  adjudge. 

Section  145.  Such  troops  shall  appear  at  the  time  and 
place  appointed,  armed,  equipped,  and  with  ball  ammuni¬ 
tion,  and  shall  obey  and  execute  such  orders  as  they  have 
received,  or  such  additional  orders  as  they  may  then  and 
there  receive  from  the  governor,  or  from  an  officer  serving 
under  the  provisions  of  section  one  hundred  and  forty-two. 

Section  146.  Whenever  practicable,  all  orders  issued 
under  the  provisions  of  section  one  hundred  and  forty-five 
shall,  at  the  request  of  the  officers  to  whom  they  are  ad-  ’ 
dressed,  be  in  writing  and  shall  be  signed  by  the  officers 
or  magistrates  issuing  the  same.  Such  orders  shall  set 
forth  the  purposes  to  be  accomplished  by  the  military 
officer  to  whom  they  are  addressed,  but  shall  not  prescribe 
the  military  measures  to  be  used  or  the  orders  to  be 
issued  by  said  officer,  who  shall  use  such  measures  and 
issue  such  orders  as  he  shall  deem  necessary  to  accomplish 
the  purpose  indicated. 

Section  147.  No  officer  or  soldier  shall  be  liable,  either 
civilly  or  criminally,  for  any  injury  to  person  or  prop¬ 
erty  caused  by  such  officer  or  soldier,  or  by  his  order,  while 
such  officer  or  soldier  is  serving  under  the  provisions  of  sec¬ 
tion  one  hundred  and  forty-two  and  is  acting  in  obedience  to 
and  in  execution  of  such  orders  as  he  may  have  received 
from  the  person  or  persons  and  in  the  manner  prescribed  by 
this  act:  provided,  that  the  act  or  order  causing  such  in¬ 
juries  was  not  manifestly  beyond  the  scope  of  the  authority 
of  such  officer  or  soldier. 

Section  148.  If  a  company  without  officers  is  ordered 
to  march,  or  if  a  detachment  is  ordered  therefrom,  the  com¬ 
mander  of  the  regiment,  battalion,  squadron,  naval  brigade 
or  corps  shall  detail  an  officer  to  command,  who  shall  have 


71 


the  same  authority  and  responsibility  as  the  captain  of 
such  company. 

Section  149.  [In  relation  to  cities  and  towns  furnishing 
transportation,  rations  and  supplies  for  the  militia  when 
doing  duty  under  sections  141  or  142;  repealed  by  chap¬ 
ter  116,  Acts  of  1912.] 

Section  150.  When  the  entire  volunteer  militia  has 
been  called  out  under  sections  one  hundred  and  forty-one 
or  one  hundred  and  forty-two,  and  a  further  force  is  re¬ 
quired,  it  shall  be  taken  from  the  reserve  militia,  as  pro¬ 
vided  in  section  ten. 

Section  151.  Each  regiment,  separate  battalion,  squad¬ 
ron,  naval  brigade,  corps  of  cadets,  staff  corps  and  depart¬ 
ment,  and  unattached  company  of  the  volunteer  militia 
shall  parade  for  instruction  one  day  in  each  year,  at  a 
time  and  place  appointed  by  the  commander-in-chief.  The 
inspector  general,  his  assistants,  or  other  officers  designated 
by  the  commander-in-chief,  shall  attend  such  tours  of  duty 
and  within  thirty  days  thereafter  shall  report  in  writing  to 
the  commander-in-chief  upon  the  proficiency  of  the  troops. 

Section  152.  The  volunteer  militia  shall  perform  not 
less  than  seven  consecutive  days  of  camp  duty  in  each  year, 
at  a  time  and  place  designated  by  the  commander-in-chief. 

Chapter  117,  Acts  of  1912,  approved  February  19,  1912. 

Section  1.  Commanding  officers  of  organizations  to 
which  are  attached  military  bands,  may,  with  the  approval 
of  the  eommander-in-chief,  excuse  the  members  of  such 
bands  from  performing  the  annual  tours  of  camp  duty 
with  their  organizations,  or  any  part  of  such  tours,  and  at 
any  time  thereafter  may,  with  the  approval  of  the  com- 
mander-in-chief,  order  such  bands  to  perform  duty  from 
time  to  time  not  in  excess  of  the  number  of  days  for  which 
they  were  excused  from  camp  duty,  and  the  members  of  the 
bands  shall  be  paid  for  such  duty  at  the  same  rate  and  with 
the  same  allowance  which  they  would  have  received  had 
they  performed  such  duty  at  camp. 

Section  2.  This  act  shall  take  effect  upon  its  passage. 


Additional 
force  to  be 
taken  from 
reserve 
militia. 


Militia  shall 
parade  for 
instruction 
one  day  in 
each  year. 


Reports  by 
inspector 
general  or 
other  officers. 


At  least 
seven  days 
camp  duty 
each  year. 


Bands  may 
be  excused 
from  camp 
duty. 


72 


Encamp¬ 
ments  held 
where. 


Camp  duty : 
inspector 
general  to 
report  in 
thirty  days. 


Judge  advo¬ 
cate  general: 
jurisdiction 
at  camp. 


Notice  for  an¬ 
nual  parade 
and  camp 
duty. 


Delivery  of 
orders. 


Meetings  of 
officers  and 
noncommis¬ 
sioned  officers 
for  instruc¬ 
tion  six 
times  in  each 
year. 


Section  153.  All  encampments  shall  be  held  upon  the 
state  camp  ground,  unless  otherwise  directed  by  the  com- 
mancler-in-cliief ;  and  no  ground  shall  be  occupied  for  an 
encampment  of  the  militia  in  time  of  peace  without  the 
consent  of  the  mayor  and  aldermen  of  the  city  or  of  the 
selectmen  of  the  town  where  the  encampment  is  to  be  held, 
unless  by  order  of  the  commander-in-chief.  The  common¬ 
wealth  shall  pay  for  the  use  of  such  ground  on  contracts 
approved  by  the  adjutant  general. 

Section  154.  At  each  encampment  the  troops  shall  be 
thoroughly  exercised  in  the  routine  of  camp  duty.  The 
inspector  general  and  such  assistants  as  may  be  detailed 
shall  be  present,  and  he  shall,  within  thirty  days  thereafter, 
report  in  writing  to  the  commander-in-chief  in  regard  to 
numbers,  discipline  and  other  matters  affecting  the  char¬ 
acter  or  efficiency  of  the  organizations. 

Section  155.  The  judge  advocate  general  or  any  judge 
advocate  may  be  detailed  by  the  commander-in-chief  to 
attend  any  encampment,  and,  during  the  encampment,  shall 
within  the  limits  of  the  camp  and  for  a  distance  of  one 
mile  from  the  guard  line,  have  the  jurisdiction  of  a  district 
court  over  all  offences  then  and  there  committed. 

Section  156.  The  notice  for  the  duty  required  at  drills 
under  section  one  hundred  and  fifty-one,  and  at  camp  under 
section  one  hundred  and  fifty-two,  shall  be  given  to  each 
person  verbally,  or  by  delivery  to  him  in  person,  or  by 
leaving  at  his  abode  or  usual  place  of  business  the  order 
therefor,  at  least  four  days  previous  to  the  time  appointed.' 

Section  157.  Commanders  of  regiments,  battalion  of  field 
artillery,  squadron  of  cavalry,  the  naval  brigade  and  corps 
of  cadets  or  companies,  may  direct  such  orders  to  be  de¬ 
livered  by  one  or  more  of  the  enlisted  men  of  their  com¬ 
mand. 

Section  158.  [As  amended  by  chapter  642,  Acts  of 
1911.]  Brigade  commanders  may,  six  times  in  each  year, 
call  meetings  for  instruction  of  their  staff  officers,  includ¬ 
ing  attached  departmental  officers,  field  officers,  adjutants, 
and  captains  of  unattached  companies  of  their  commands, 
at  some  convenient  place  within  the  limits  of  their  brigades, 


73 


or  at  such  place  as  the  commander-in-chief  may  designate. 
Commanders  of  regiments,  separate  battalion,  squadron, 
naval  brigade  and  corps  of  cadets  may  call  similar  meet¬ 
ings  of  the  officers  and  non-commissioned  officers  of  their 
respective  commands,  including  attached  departmental 
officers,  six  times  in  each  year.  No  compensation  shall  be 
allowed  for  attendance  at  such  meetings,  but  the  quarter¬ 
master-general  shall  provide  the  necessary  transportation 
for  all  officers  and  non-commissioned  officers  attending  such 
meetings,  at  the  rates  established  by  law,  when  the  distance 
travelled  exceeds  five  miles.  At  the  discretion  of  the 
commander-in-chief  a  school  for  officers  may  be  established 
in  any  part  of  the  commonwealth,  under  such  regulations 
as  he  deems  proper. 

Section  159.  Brigade  commanders  may  visit  the  head¬ 
quarters  and  companies  of  their  brigades  whenever  they 
consider  it  necessary  for  military  instruction.  Commanders 
of  regiments,  battalion  of  field  artillery  and  squadron  of 
cavalry,  of  the  naval  brigade  and  naval  battalions  and  of 
the  cadet  corps  may  visit  the  companies  in  their  commands 
six  times  each  year;  lieutenant  colonels,  majors,  adjutants 
and  veterinarians,  such  companies  as  they  are  ordered  to 
visit  by  regimental,  separate  battalion  or  squadron  com¬ 
manders,  six  times  each  year;  inspectors  of  small  arms 
practice  may  visit  the  companies  in  their  respective  or¬ 
ganizations,  when  ordered  so  to  do,  three  times  each  year; 
brigade  staff  officers,  including  attached  departmental 
officers,  when  ordered  so  to  do  by  their  commanding  officers, 
may  visit  each  company  in  their  brigade  once  in  each  year. 
The  inspector  general  of  small  arms  practice  may  visit  the 
competitions  of  company  teams  in  regimental,  battalion, 
squadron,  naval  brigade,  and  corps  competitions  and  com¬ 
petitions  of  regimental,  battalion,  squadron,  naval  brigade 
and  corps  teams  in  state  matches.  Mileage  for  such  visits 
shall  be  allowed  on  receipt  of  returns  therefor  at  the  rate 
of  four  cents  a  mile  each  way,  the  distance  being  computed 
by  the  line  of  the  most  direct  railway  communication  from 
the  residence  of  the  officer. 

Section  160.  The  commander-in-chief  may  order  out 
any  part  of  the  militia  for  escort  and  other  duties,  and  may 
authorize  the  use  of  mounted  bands. 


Visits  by  cer¬ 
tain  officers 
to  head¬ 
quarters  and 
companies 
authorized. 


Mileage 
for  visits 
allowed. 


Escort 
duty,  etc. 


74 


Officers  or 
companies 
may  be  as¬ 
sembled  for 
instruction. 


Company 
drills  at  least 
twice  in 
each  month. 


Company 
drills  may  be 
omitted  in 
two  months 
after  camp. 


Each  organi¬ 
zation  to  drill 
at  least 
twenty-four 
times  each 
year. 


Section  161.  The  commander  of  any  regiment,  battalion 
of  field  artillery  or  squadron  of  cavalry,  the  naval  brigade 
or  corps  of  cadets  may  at  any  time  assemble  the  companies, 
or  the  officers  of  his  command,  for  instruction;  and  the 
commander  of  a  brigade,  regiment,  battalion,  squadron, 
naval  brigade  or  corps  of  cadets  may  order  company  in¬ 
spections  in  the  evening  at  the  several  company  armories, 
when  the  good  of  the  service  so  requires.  No  greater  num¬ 
ber  of  meetings  than  six  shall  be  ordered  without  the  ap¬ 
proval  of  the  commander-in-chief;  and  when  a  greater  num¬ 
ber  is  approved  by  the  commander-in-chief  transportation 
shall  be  furnished  by  the  quartermaster  general  for  the 
additional  meetings. 

Section  162.  [As  amended  by  chapter  594,  Acts  of 
1911.] 

Chapter  594,  Acts  of  1911,  approved  June  27,  1911. 

Section  1.  Chapter  six  hundred  and  four  of  the  acts 
of  the  year  nineteen  hundred  and  eight  is  hereby  amended 
by  striking  out  section  one  hundred  and  sixty-two  and  in-  , 
serting  in  place  thereof  the  following:  —  Section  162.  In 
addition  to  the  duty  required  by  sections  one  hundred  and 
fifty-one  and  one  hundred  and  fifty-two,  and  to  any  duty 
that  may  be  required  under  the  provisions  of  sections  one 
hundred  and  forty-one,  one  hundred  and  forty-two  and  one 
hundred  and  sixty,  every  company  of  the  volunteer  militia 
shall  assemble  for  instruction  and  drill  at  least  twice  in 
each  month  and  oftener  upon  the  orders  of  the  company 
commander  or  his  superior  commanding  officers:  provided, 
however,  that  in  the  discretion  of  the  company  commander, 
or  of  his  superior  commanding  officer,  all  or  part  of  the 
drills  herein  required  may  be  omitted  in  the  two  months 
next  following  the  calendar  month  in  which  the  annual 
camp  duty  prescribed  by  section  one  hundred  and  fifty-two 
is  performed,  and  such  target  practice  or  other  exercises  as 
they  may  direct  may  be  substituted  therefor;  and  provided, 
further,  that  each  organization  of  the  volunteer  militia  shall 
drill  at  least  twenty-four  times  in  each  year  as  required 
by  the  act  of  congress  approved  January  twenty-third, 


75 


nineteen  hundred  and  three.  Regimental,  battalion,  or 
squadron  drills  may  be  held  in  place  of  company  drills; 
and  transportation  to  and  from  the  place  of  such  drills 
shall  be  furnished  by  the  quartermaster  general  for  the 
companies,  batteries  or  troops  composing  the  regiment, 
battalion  or  squadron,  if  authorized  by  the  commander-in¬ 
chief. 

Section  2.  Ten  of  the  drills  or  meetings  for  target  prac¬ 
tice  or  other  exercises  required  by  section  one  hundred  and 
sixty-two  of  said  chapter  six  hundred  and  four,  as  amended 
by  section  one  of  this  act  shall,  in  each  year,  be  designated 
by  the  commander-in-chief  to  be  held  at  such  times,  places, 
and  for  such  purposes  as  he  may  prescribe  in  orders.  Such 
drills  shall  be  of  not  less  than  one  and  one  half  hours 
each  in  duration,  and  shall,  for  convenience,  be  designated 
as  u  rendezvous  drills.”  No  more  than  two  of  such  rendez¬ 
vous  drills  shall  be  prescribed  or  held  during  any  one 
calendar  week. 

Section  3.  For  attendance  at  each  rendezvous  drill  at 
which  at  least  three  fourths  of  the  maximum  enlisted 
strength  of  the  company  is  present,  there  shall  be  allowed 
and  paid  to  the  enlisted  men  of  that  company  of  the  volun¬ 
teer  militia  as  follows:  first  sergeant,  company  quarter¬ 
master  sergeant,  stable  sergeant,  sergeant,  cook,  musician, 
chief  petty  officer,  petty  officer,  first  class,  and  petty  officer, 
second  class,  one  dollar  and  twenty  cents;  corporal  and 
petty  officer,  third  class,  one  dollar  and  five  cents;  all  other 
enlisted  men,  ninety  cents ;  and  in  addition  thereto  an 
amount  equal  to  twenty  per  cent  of  said  grade  pay  for  each 
period  of  three  years  of  service  in  the  volunteer  militia  in 
excess  of  the  first  three  years  of  such  service,  but  not  ex¬ 
ceeding,  in  any  event,  sixty  per  cent  of  said  grade  pay: 
provided,  however,  that  an  enlisted  man  shall  not  be  en¬ 
titled  to  receive  the  pay  provided  for  in  this  section  unless 
he  shall  perform  at  least  six  days  of  camp  duty  in  the 
same  year  under  the  provisions  of  section  one  hundred  and 
fifty-two  of  chapter  six  hundred  and  four  of  the  acts  of 
the  year  nineteen  hundred  and  eight,  and  shall  also,  in 
,  the  same  year,  make  such  record  scores  with  the  prescribed 
weapon  of  his  arm  of  the  service  as  the  commander-in-chief 
shall  require;  and  provided,  further,  that  he  shall  not, 


Regimental, 
battalion  or 
squadron 
drills. 


Ten 

“  rendezvous 
drills  ” 
each  year. 


Not  more 
than  two 
rendezvous 
drills  in  one 

week. 


Pay  for 

rendezvous 

drills. 


Additional 
pay  for 
periods  of 
three  years’ 
service. 


To  receive 
pay  must 
perform  at 
least  six 
days’  camp 
duty. 


Must  make 
record  scores. 


76 


If  discharged, 
must  be 
honorable. 


Forfeitures 
of  pay  for 
rendezvous 
drills. 


Pay  rolls  for 

rendezvous 

drills. 


Charges 
against  sol¬ 
diers  on  pay 
rolls  for 
rendezvous 
drills. 


prior  to  the  fifteenth  day  of  November  in  the  same  year, 
have  been  dishonorably  discharged  from  the  military  or 
naval  service  of  the  commonwealth,  or  discharged  therefrom 
for  the  best  interests  of  the  service  or  for  cause  predicated 
upon  unfaithful  or  inefficient  service. 

Section  4.  For  each  absence  from  a  rendezvous  drill, 
an  enlisted  man  not  on  furlough  shall  in  addition  to  the 
loss  of  pay  provided  for  in  section  three  of  this  act,  forfeit 
to  the  commonwealth  an  amount  equal  to  the  amount  of 
pay  which  he  would  have  been  entitled  to  receive  if  he 
had  been  present  at  such  drill,  the  amounts  so  forfeited,  if 
any,  to  be  deducted  annually  from  the  total  pay  due  such 
enlisted  man  for  attendance  at  rendezvous  drills  since  the 
first  day  of  November  of  the  preceding  year:  provided, 
however,  that  the  forfeitures  for  absence  in  the  period  from 
November  first  of  any  one  year  to  and  including  October 
thirty-first  of  the  year  following,  shall  not  exceed  in  the 
aggregate  the  total  amount  which  shall  be  found  to  be 
due  the  soldier  for  attendance  at  rendezvous  drills  during 
that  period. 

Section  5.  Payments  to  enlisted  men  under  the  pro¬ 
visions  of  this  act  shall  be  made  annually,  as  soon  after 
December  first  as  practicable,  on  rolls  and  accounts  in  such 
form  as  the  commander-in-chief  may  prescribe.  Pay  rolls 
shall  include  the  period  from  November  first  of  one  year 
to  October  thirty-first  of  the  year  following,  both  of  said 
dates  inclusive,  shall  bear  the  names  of  all  enlisted  men 
who  have  served  the  whole  or  any  part  of  said  period,  and 
shall  contain  such  data  as  to  attendance,  absences,  for¬ 
feitures,  and  authorized  stoppages,  and  such  remarks,  as 
will  enable  the  adjutant  general  to  compute  the  amount, 
if  any,  due  to  each  of  said  enlisted  men.  Said  rolls  and 
accounts  shall  be  transmitted  to  the  adjutant  general  on  or 
before  the  fifteenth  day  of  November  next  following  the 
end  of  the  period  for  which  they  are  rendered,  and  shall 
be  certified  by  him,  if  correct,  and  then  presented  to  the 
auditor  of  the  commonwealth  for  allowance. 

Section  6.  Company  commanders  shall  charge  on  the 
annual  pay  roll  prescribed  in  section  five  of  this  act  against 
each  soldier  all  arms,  equipments,  clothing,  and  other  public 
property  lost  or  damaged  through  fault  or  neglect  of  the 


77 


soldier  charged  therewith.  All  such  articles  lost  shall  be 
enumerated,  and  the  adjutant  general  shall  deduct  the  value 
thereof  from  the  soldier’s  pay,  and  credit  the  officer  ac¬ 
countable  for  the  articles  with  the  amount  so  deducted  on 
the  property  account  in  which  said  losses  are  certified. 
When  the  soldier  is  charged  for  damage  to  public  property, 
the  cost  of  repairing  the  damages  shall  be  entered  on  the  pay 
roll,  and  the  adjutant  general  shall  deduct  a  like  sum  from 
the  soldier’s  pay,  and  the  amount  so  deducted  shall  be  paid 
to  the  company  fund  of  the  soldier’s  company.  If  the 
amount  due  to  the  soldier,  after  deducting  forfeitures  for 
absence,  is  not  equal  to  the  sum  of  the  foregoing  stoppages, 
such  amount  as  may  be  due  shall  be  first  applied,  so  far 
as  it  will  go,  to  the  reimbursement  of  the  United  States 
or  the  commonwealth  for  public  property  lost,  and  secondly 
to  the  reimbursement  of  the  company  fund,  as  far  as  is 
possible,  for  the  cost  of  repairing  damage  to  public  prop¬ 
erty. 

Section  7.  When  the  enlisted  men  of  the  volunteer 
militia  shall  receive  from  the  United  States  government  any 
pay  for  attendance  at  rendezvous  drills  for  which  state  pay  is 
provided  by  this  act,  said  state  pay  shall  be  reduced  by 
the  amounts  so  received  from  the  United  States  govern¬ 
ment  :  provided,  however,  that  when  the  amounts  received 
from  the  United  States  government  for  such  drills  are  less 
than  the  amounts  provided  for  in  this  act,  the  deficiency 
shall  be  paid  by  the  commonwealth. 

Section  8.  All  acts  and  parts  of  acts  inconsistent  here¬ 
with  are  hereby  repealed. 

Section  9,  This  act  shall  take  effect  upon  its  passage. 

Section  163.  No  parade  or  voluntary  service  shall  be 
performed  by  any  company,  under  arms  or  with  state  uni¬ 
form,  without  the  approval  of  the  regimental  or  separate 
battalion  or  squadron  commander,  or,  if  unattached,  of  its 
next  superior  commander. 

Section  164.  Every  commanding  officer,  when  on  duty, 
may  fix  necessary  bounds  and  limits  to  his  parade  or  en- 
♦  campment,  not  including  a  road  within  such  bounds,  in 
such  manner  as  to  prevent  travelling  thereon,  within  which 
bounds  and  limits  no  person  shall  enter  without  his  leave. 


Pay  from 
United  States 
for  drills. 


No  parades 

without 

approval. 


Commanding 
officer  may 
fix  bounds  to 
parade  or  en¬ 
campment. 


78 


Intruders 
may  be 
ejected, 
arrested,  or 
confined. 


Penalty  for 
molesting, 
etc.,  troops 
on  duty. 


Troops  on 
duty  have 
right  of  way, 
etc. 


Traffic  may 
he  excluded 
from  high¬ 
ways  during 
target  prac¬ 
tice  or 
manoeuvres. 


Whoever  intrudes  within  the  limits  of  the  parade  or  en¬ 
campment,  after  being  forbidden,  may  be  ejected,  forcibly 
if  necessary,  or  may  be  confined  under  guard  during  the 
time  of  parade  or  encampment,  or  during  a  shorter  time, 
at  the  discretion  of  the  commanding  officer;  and  whoever 
resists  a  sentry  attempting  to  exclude  him  from  such  limits 
may  be  arrested  by  order  of  the  commanding  officer  and 
tried  upon  his  complaint  for  assault,  or  for  disturbance  or 
breach  of  the  peace. 

Section  165.  If  any  person  interrupts,  molests  or  in¬ 
sults,  by  abusive  words  or  behavior,  or  obstructs  any  officer 
or  soldier  while  on  duty  or  at  any  parade,  drill  or  meeting 
for  military  improvement,  he  may  immediately  be  put  under 
guard  and  kept  at  the  discretion  of  the  commanding  officer 
until  the  duty,  drill,  parade  or  meeting  is  concluded;  and 
he  may  commit  such  person  to  any  police  officer  or  con¬ 
stable  of  the  city  or  town  wherein  such  duty,  parade,  drill 
or  meeting  is  held,  who  shall  detain  him  in  custody  for  ex¬ 
amination  or  trial  before  a  court  having  jurisdiction  of 
the  place ;  and  any  person  found  guilty  of  any  of  the  , 
offences  enumerated  in  this  section,  or  in  sections  one  hun¬ 
dred  and  thirty-nine  and  one  hundred  and  sixty-four,  or 
of  obstructing  or  interfering  with  United  States  forces  or 
troops  or  any  part  of  the  militia  in  the  exercise  or  enjoy¬ 
ment  of  the  right  of  way  granted  by  the  following  section, 
shall  be  punished  by  imprisonment  for  not  more  than  six 
months,  or  by  a  fine  of  not  more  than  one  hundred  dollars. 

Section  166.  United  States  forces  or  troops,  or  any 
part  of  the  militia  parading  or  performing  any  duty  ac¬ 
cording  to  law,  shall  have  the  right  of  way  in  any  street 
or  highway  through  which  they  may  pass,  provided  the 
carriage  of  the  United  States  mails,  the  legitimate  functions 
of  the  police,  and  the  progress  and  operations  of  fire 
engines  and  fire  departments  shall  not  be  interfered  with 
thereby. 

Chapter  147,  Acts  of  1912,  approved  February  23,  1912. 

Section  1.  The  governor,  under  such  regulations  as  he 
may  prescribe,  by  and  with  the  consent  of  the  council, 
may  exclude  traffic  from  highways  during  target  practice 
or  manoeuvres  of  the  Massachusetts  volunteer  militia,  when- 


79 


ever  he  deems  that  the  convenience  or  safety  of  the  public 
•  so  requires. 

Section  2.  This  act  shall  take  effect  upon  its  passage. 

i 

Section  167.  Any  soldier  guilty  of  a  military  offence 
may  be  put  and  kept  under  guard  by  the  commander  of 
the  company,  corps,  separate  battalion,  squadron,  naval 
brigade  or  regiment,  or  of  the  post,  for  a  time  not  extend¬ 
ing  beyond  the  term  of  service  for  which  he  is  then  ordered. 

Section  168.  No  officer  or  soldier  in  the  volunteer 
militia  shall  be  entitled  to  compensation  for  military  serv¬ 
ice  unless  he  personally  performs  the  same,  although  he 
may  be  excused  therefrom;  and  no  substitute  shall  be  al¬ 
lowed  any  compensation  for  such  service. 

Section  169.  Except  in  case  of  invasion,  insurrection, 
riot  or  turmult  made  or  threatened,  or  in  obedience  to  the 
commander-in-chief,  no  officer  or  soldier  shall  be  required 
to  perform  military  duty  on  a  day  appointed  for  a  state 
election  in  the  city  or  town  in  which  he  resides;  and  an 
officer  parading  his  command,  or  ordering  it  to  parade,  con¬ 
trary  to  the  provisions  of  this  section,  shall  be  liable  to 
trial  by  court-martial. 

Section  170.  No  body  of  men,  except  the  volunteer 
militia,  the  troops  of  the  United  States  and  the  Ancient 
and  Honorable  Artillery  Company  of  Boston,  shall  maintain 
an  armory  or  associate  together  at  any  time  as  a  company 
or  organization,  for  drill  or  parade  with  firearms ;  nor 
so  drill  or  parade;  nor  shall  any  city  or  town  raise  or 
appropriate  money  toward  arming,  equipping,  uniforming, 
supporting,  or  providing  drill  rooms  or  armories  for  any 
such  body  of  men:  provided,  that  associations  wholly  com¬ 
posed  of  soldiers  honorably  discharged  from  the  service  of 
the  United  States  may  parade  in  public  with  arms,  upon 
the  reception  of  any  regiments  or  companies  of  soldiers 
returning  from  said  service,  and  for  escort  duty  at  the 
burial  of  deceased  soldiers,  with  the  written  permission  of 
the  mayor  and  aldermen  of  the  city  or  selectmen  of  the 
town  in  which  they  desire  to  parade;  that  students  in 
«  educational  institutions  where  military  science  is  a  pre¬ 
scribed  part  of  the  course  of  instruction  may,  with  the 
consent  of  the  governor,  drill  and  parade  with  firearms  in 


Soldiers  may 
be  put  under 
guard. 


Substitute 
for  officer  or 
soldier  not 
allowed  com¬ 
pensation. 


Military  duty 
forbidden  on 
election  days 
except  in 
certain  cases. 


Unauthorized 
bodies  for¬ 
bidden  to 
drill  with 
firearms  or 
maintain  an 
armory. 


80 


Foreign 
troops  may- 
parade  under 
certain  con¬ 
ditions. 


Grand,  army 
of  the  repub¬ 
lic  and  United 
Spanish  war 
veterans  may 
parade. 


Veteran 
associations 
may  main¬ 
tain  armories. 


Penalty. 


public,  under  the  superintendence  of  their  teachers,  that 
foreign  troops  whose  admission  to  the  United  States  has 
been  consented  to  by  the  United  States  government  may, 
with  the  consent  of  the  governor,  drill  and  parade  with 
firearms  in  public,  and  any  body  of  men  may,  with  the 
consent  of  the  governor,  drill  and  parade  in  public  with  any 
harmless  imitation  of  firearms  which  has  been  approved 
by  the  adjutant  general;  that  regularly  organized  posts  of 
the  grand  army  of  the  republic,  and  regularly  organized 
camps  of  the  legion  of  Spanish  war  veterans,  or  of  the 
United  Spanish  war  veterans,  may  at  any  time  parade  in 
public  their  color  guards  of  not  more  than  twelve  men, 
armed  with  firearms;  that  regularly  organized  camps  of 
the  sons  of  veterans  may  at  any  time  parade  in  public 
their  color  guards  of  ten  men  with  firearms;  and  that  any 
organization  heretofore  authorized  thereto  by  law  may 
parade  with  sidearms,  and  any  veteran  association  com-  ' 
posed  wholly  of  past  members  of  the  militia  of  this  com¬ 
monwealth  may  maintain  an  armory  for  the  use  of  the  or¬ 
ganizations  of  the  militia  to  which  its  members  belonged. 

Section  171.  Whoever  violates  the  provisions  of  the 
preceding  section,  or  belongs  to  or  parades  with  any  such 
unauthorized  body  of  men  with  firearms,  shall  be  pun¬ 
ished  by  a  fine  of  not  more  than  fifty  dollars  or  by  im¬ 
prisonment  for  not  more  than  six  months,  or  by  both  such 
fine  and  imprisonment. 


Rifle  team 
may  be  sent 
to  competition 
for  national 
and  other 
trophies. 


Chapter  300,  Acts  of  1909,  approved  April  14,  1909. 

The  commander-in-chief  is  hereby  authorized  to  send  a 
rifle  team  composed  of  members  of  the  Massachusetts  volun¬ 
teer  militia  to  take  part  in  the  annual  competitions  in  rifle 
shooting  for  national  and  other  trophies  held  in  the  United 
States.  For  this  purpose  such  sums  as  may  be  necessary 
may  be  expended  annually  under  the  direction  of  the  ad¬ 
jutant  general,  from  the  appropriations  for  rifle  practice. 


No  excuse 
from  duty, 
in  time  of 
insurrection, 
etc.,  except 
for  disability. 


Excuses  for  Non-performance  of  Duty. 

Section  172.  No  officer  or  soldier  of  the  volunteer 
militia  not  on  leave  of  absence  or  furlough  shall  be  excused 
from  duty  in  time  of  insurrection,  invasion  or  disturbance 
of  the  peace,  except  upon  a  physician’s  certificate  of  dis- 


81 


■s 


ability.  If  an  officer  or  soldier  is  absent  without  leave  and 
does  not  produce  such  certificate  to  his  commanding  officer, 
he  shall  be  tried  by  court-martial  for  desertion,  or  absence 
without  leave.  Sickness  shall  not  be  an  excuse  unless  he 
procures  a  certificate  or  satisfies  the  court-martial  that  he 
was  unable  to  procure  the  same.  Commanding  officers  of 
regiments,  separate  battalion,  squadron,  naval  brigade,  corps 
of  cadets,  staff  corps  and  departments,  may,  on  sufficient 
grounds,  or  according  to  the  by-laws  provided  for  by  sec¬ 
tion  one  hundred  and  ninety-one,  excuse  absences  from 
camp  duty  and  drills.  Delinquents  who  fail  to  pay  fines 
imposed  upon  them  shall  be  tried  by  court-martial. 

Pay  and  Allowances. 

Section  173.  There  shall  be  allowed  and  paid  per  diem 
«  to  officers  and  soldiers  of  the  volunteer  militia,  on  rolls  and 
accounts  in  such  form  as  the  commander-in-chief  may  pre¬ 
scribe,  for  the  duty  prescribed  by  sections  one  hundred  and 
forty-one,  one  hundred  and  forty-two,  one  hundred  and 
‘  fifty-one,  one  hundred  and  fifty-two  and  one  hundred  and 
sixty,  as  follows:  major  general,  twenty  dollars  and  eighty- 
three  cents;  brigadier  general,  fifteen  dollars  and  twenty- 
eight  cents;  colonel,  or  captain  in  naval  grade,  nine  dollars 
and  seventy-two  cents;  lieutenant  colonel,  or  commander 
in  naval  grade,  eight  dollars  and  thirty -three  cents;  major, 
or  lieutenant  commander  in  naval  grade,  six  dollars  and 
ninety-four  cents;  captain,  mounted,  five  dollars  and  fifty- 
six  cents;  captain,  not  mounted,  or  lieutenant  in  naval 
grade,  five  dollars;  first  lieutenant,  mounted,  four  dollars 
and  forty-four  cents ;  first  lieutenant,  not  mounted,  or 
lieutenant,  junior  grade,  in  naval  grade,  four  dollars  and 
seventeen  cents;  second  lieutenant,  mounted,  four  dollars 
and  seventeen  cents;  second  lieutenant,  not  mounted,  or 
ensign,  naval  grade,  three  dollars  and  eighty-nine  cents; 
chaplain,  four  dollars  and  seventeen  cents ;  noncommis¬ 
sioned  staff  officers,  and  petty  officers  and  color  sergeants,  of 
like  naval  grade,  three  dollars  and  five  cents;  members  of 
a  band,  four  dollars  and  fifty-five  cents;  cooks  and,  in  the 
naval  brigade,  cooks,  first  class,  three  dollars  and  fifty-five 
cents  if,  in  such  form  as  the  commander-in-chief  prescribes, 


May  excuse 
from  camp 
duty  and 
drills. 


Per  diem  pay 
for  duty  pre¬ 
scribed  by 
sections  141, 
142,  151,152 
and  160. 


Maj.  gen’l, 
$20.83. 

Brig,  gen’l, 
$15.28. 

Col.  or  capt. 
in  naval  grade, 
$9.72. 

Lt.  col.  or 
comdr.,  $8.33. 
Maj.  or  lt. 
comdr.,  $6.94. 
Capt., 
mounted, 
$5.56. 

Capt., 

not  mounted, 
or  It.  in  naval 
grade,  $5. 

1st  It., 

mounted, 

$4.44. 

1st  It., 

not  mounted, 
or  It.,  j.  g., 
naval  grade, 
$4.17. 

2d  It., 

mounted, 

$4.17. 

2d  It., 

not  mounted, 
or  ensign, 
$3.89. 


82 


Chaplain, 

$4.17. 

Noncom.  staff, 
petty  officers, 
color  sergts., 
$3.05. 
Bandsmen, 
$4.55. 

Cooks,  $3.55. 
Certificate  in 
regard  to  cook. 
Other  en¬ 
listed  men, 
$1.55. 

Horse  allow¬ 
ance,  $4. 


Special  duty 
pay  per  diem. 
Officer  above 
rank  of  capt., 
$4. 

Other  officers, 
$2.50. 

Bandsmen  not 
with  troops, 
$3.55 ;  with 
troops,  $4.55. 
Other  en¬ 
listed  men, 
$1.55. 

45  cents  to 
soldier  in  lieu 
of  subsist¬ 
ence. 

Annual  allow¬ 
ances  : 

Adjt.  gen’l  of 
brigade,  $20. 
Adjt.,  $50, 
and  $12.50 
for  each  co.  in 
command  to 
which 
attached. 
Paymaster, 
$12.50  for 
each  co.  in 
command  to 
which 
assigned. 
Buglers,  mu¬ 
sicians  and 
trumpeters, 
$3.05  per 
diem. 

Enlisted  man 
to  receive  as 
pay  not  more 


it  is  certified  and  made  to  appear  that  in  each  case  the  duty 
of  superintending  and  assisting  in  the  preparation  of  the 
food  of  the  company  was  actually  performed  by  the  cook 
in  person  during  the  tour  of  duty  or  day  of  duty  for  which 
he  is  returned  for  pay;  otherwise  the  pay  of  other  enlisted 
men  of  like  grade;  and  every  other  enlisted  man,  one  dol¬ 
lar  and  fifty- five  cents.  There  shall  be  allowed  for  each 
horse  actually  used  by  officers  and  soldiers  authorized  to 
be  mounted  and  for  each  draft  horse  used  in  the  artillery 
the  sum  of  four  dollars  a  day,  which  shall  be  in  full  for 
keeping  and  forage,  except  that  when  forage  is  furnished 
in  kind,  as  provided  in  section  one  hundred  and  seventy-six, 
the  cost  of  the  same  shall  be  deducted  from  this  allowance. 
For  all  other  duty  under  orders  of  the  commander-in-chief, 
unless  otherwise  specially  provided,  or  as  a  witness  or  de¬ 
fendant  under  summons,  as  provided  in  section  one  hundred 
and  eighty-five,  there  shall  be  allowed  and  paid  per  diem  to 
all  officers  above  the  rank  of  captain,  four  dollars;  to  every 
other  commissioned  officer,  two  dollars  and  fifty  cents;  to 
every  member  of  a  band,  three  dollars  and  fifty-five  cents, 
and,  if  with  troops,  one  dollar  additional;  and  to  every  en¬ 
listed  man,  one  dollar  and  fifty-five  cents.  In  addition  to 
the  pay  herein  specified,  each  member  of  a  band  and  each 
enlisted  man  shall  receive  forty-five  cents  per  diem,  in  lieu 
of  subsistence,  except  as  provided  in  section  one  hundred 
and  seventy-six.  There  shall  annually  be  allowed  and 
paid  to  each  adjutant  general  of  brigade,  twenty  dollars; 
to  each  adjutant  other  than  battalion  adjutants  of  regi¬ 
ments,  fifty  dollars,  and  twelve  dollars  and  fifty  cents  for 
every  company  in  the  command  to  which  he  is  attached. 
There  shall  annually  be  allowed  and  paid  to  each  paymaster, 
twelve  dollars  and  fifty  cents  for  every  company  in  the  com¬ 
mand  to  which  he  is  assigned.  There  shall  be  allowed  and 
paid  to  each  chief  bugler,  bugler,  musician  and  trumpeter 
of  the  volunteer  militia,  for  the  duty  required  by  sections 
one  hundred  and  forty-one,  one  hundred  and  forty-two, 
one  hundred  and  fifty-one,  one  hundred  and  fifty-two  and 
one  hundred  and  sixty,  three  dollars  and  five  cents  a  day. 
All  sums  herein  specified  as  pay  for  enlisted  men  shall  be 


83 


an  allowance  to  headquarters  and  companies  on  a  per  man 
•  per  diem  basis,  and  no  enlisted  men  shall  be  entitled  to  re¬ 
ceive,  as  pay,  from  this  allowance  a  per  diem  amount  in 
excess  of  the  per  diem  pay  received  by  a  man  of  like  grade 
in  the  regular  army  or  navy  on  January  first,  nineteen  hun¬ 
dred  and  eight. 


Chapter  227,  Acts  of  1910,  approved  March  16,  1910. 

Section"  1.  An  owner  of  a  horse  which  is  killed  or  in¬ 
jured  while  in  the  custody  of  a  person  in  the  performance 
of  duty  under  the  provisions  of  sections  one  hundred  and 
forty-one,  one  hundred  and  forty-two,  one  hundred  and 
fifty-one,  one  hundred  and  fifty-two  or  one  hundred  and 
sixty  of  chapter  six  hundred  and  four  of  the  acts  of  the 
year  nineteen  hundred  and  eight,  shall  be  entitled  to  re- 

*  ceive  compensation  for  the  loss  sustained  by  such  death 
or  injury. 

Section  2,  All  claims  for  such  death  or  injury  shall 
be  inquired  into  by  a  board  of  three  officers  appointed  by 

•  the  commander-in-chief.  The  board  shall  have  the  same 
power  to  take  evidence,  administer  oaths,  issue  subpoenas 
and  compel  witnesses  to  attend  and  testify  and  produce 
books  and  papers,  and  to  punish  their  failure  to  do  so, 
as  is  possessed  by  a  general  court-martial.  The  findings 
of  the  board  shall  be  subject  to  the  approval  of  the  com- 
mander-in-chief.  The  amount  found  due  to  the  owner  by 
said  board,  to  the  extent  that  its  findings  are  approved  by 
the  commander-in-chief  shall  be  paid  from  the  fund  hereby 
created. 

Section  3.  For  the  purpose  of  defraying  the  claims  and 
expenses  arising  as  aforesaid,  there  shall  annually  be  al¬ 
lowed  from  the  treasury  of  the  commonwealth  a  sum  not 
exceeding  twenty-five  hundred  dollars. 

Section  4.  The  provisions  of  this  act  shall  apply  to  all 
claims  as  aforesaid  resulting  from  the  manoeuvres  held  in 
this  commonwealth  in  August,  nineteen  hundred  and  nine. 


than  United 
States  pay  on 
January  1, 
1908. 


Owner  of 
horse  which 
is  killed  or 
injured  en¬ 
titled  to  com¬ 
pensation. 


Board  of 
officers  to 
inquire  into 
claims  for 
death  or 
injury. 


Allowance 
for  injury  to 
or  death  of 
horse. 


84 


If  United 
States  pay- 
received, 
amount  to  be 
deducted  from 
pay  from 
common¬ 
wealth. 


Allowance  for 
motor  vehicle 
in  lieu  of 
horse,  $4  per 
diem. 


Allowances 
for  travel. 


Duty  under 
sections  141, 
142,  151,  152 
and  160,  two 
cents  a  mile 
each  way. 


Other  duties, 
without 
troops,  four 
cents  a  mile 
each  way. 


Chapter  283,  Acts  of  1910,  approved  March  25,  1910. 

When  an  organization  of  the  Massachusetts  volunteer 
militia  engages  in  any  encampment,  manoeuvres  or  field  in¬ 
struction  under  sections  fourteen  and  fifteen  of  the  acts  of 
congress  approved  January  21,  1903,  as  amended,  and  the 
troops  of  this  commonwealth  receive  from  the  United  States 
government  any  pay,  subsistence,  forage  and  transportation 
or  other  allowance  on  account  of  such  service,  the  allowances 
for  pay,  subsistence,  forage  and  transportation  provided  for 
by  chapter  six  hundred  and  four  of  the  acts  of  the  year 
nineteen  hundred  and  eight  shall  be  reduced  by  the  amounts 
so  received  from  the  United  States  government.  When  the 
amounts  received  from  the  United  States  government  are 
less  than  the  amounts  provided  for  in  said  chapter,  the 
deficiency  shall  be  paid  by  the  commonwealth. 

Chapter  514,  Acts  of  1911,  approved  June  2,  1911. 

Section  1.  There  may  be  allowed,  upon  approval  of 
the  adjutant  general,  for  motor  vehicles  actually  used  in 
lieu  of  horses,  to  each  officer  and  soldier  authorized  to  be 
mounted,  but  using  such  vehicle  in  lieu  of  a  horse,  a  sum 
not  exceeding  four  dollars  per  day:  provided ,  however ,  that 
the  commonwealth  shall  not  be  liable  for  any  injury  to 
or  depreciation  of  motor  vehicles  so  used,  or  for  any  dam¬ 
age  to  persons  or  property  resulting  from  such  use. 

Section  2.  This  act  shall  take  effect  upon  its  passage. 

Section  174.  [As  amended  by  chapter  642,  Acts  of 
1911,  and  chapter  399,  Acts  of  1912.]  There  shall  be  al¬ 
lowed  and  paid  to  each  officer  and  soldier  required  to  travel 
on  duty,  as  follows:  under  sections  one  hundred  and  forty- 
one,  one  hundred  and  forty-two,  one  hundred  and  fifty-one, 
one  hundred  and  fifty-two  and  one  hundred  and  sixty,  two 
cents  a  mile  each  way,  computed  by  the  most  direct  rail¬ 
road  communication  from  the  place  in  which  the  head¬ 
quarters  of  the  various  commands  and  the  armories  of  the 
companies  are  situated;  and  when  upon  duty  as  a  mem¬ 
ber  or  judge  advocate  of  any  military  court  or  board,  or 
as  a  witness  or  defendant  before  such  court  or  board, 


85 


when  appearing  before  the  board  of  examiners  provided 
for  in  section  sixty-three,  when  attending  meetings  of 
officers  and  non-commissioned  officers,  as  provided  in  sec¬ 
tion  one  hundred  and  fifty-eight;  when  acting  as  the  presid¬ 
ing  officer  at  an  election,  as  an  elector  at  the  election  of 
a  general  or  field  officer,  or  as  a  paymaster,  or  in  any  case 
when  obliged  by  orders  of  the  commander-in-chief  to  travel 
without  troops,  —  four  cents  a  mile  each  way,  computed 
by  the  most  direct  railroad  communication  from  the  resi¬ 
dence  of  the  officer  or  soldier.  There  shall  annually  be 
allowed  and  paid  a  sum  for  instruction  in  riding  not  ex¬ 
ceeding  ten  dollars  per  man  for  the  aggregate  enlisted 
strength  entitled  by  law  to  be  mounted.  Certificates  signed 
by  the  commanding  officer  of  each  organization,  stating  the 
number  of  men  in  his  command  who  have  received  such 
instruction  and  who  have  ridden  at  least  five  times  under 
proper  military  instruction,  shall  be  furnished  to  the 
adjutant  general,  and  upon  his  approval  payments  shall 
be  made  from  said  sum  to  the  commanding  officer  of  each 
„  organization  at  the  rate  of  ten  dollars  for  each  man  in  his 
command,  not  exceeding  the  maximum  legal  enlisted 
strength  thereof,  so  certified  as  having  received  instruc¬ 
tion.  There  shall  annually  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  to  every  person  who  has 
held  a  commission  in  the  Massachusetts  volunteer  militia 
and  who  has  served  the  whole  of  the  year  preceding  the 
first  day  of  April  of  each  year,  the  sum  of  thirty-five 
dollars,  upon  the  approval  of  the  adjutant  general,  and 
of  the  intermediate  commander  of  organizations,  and  upon 
their  certification  that  such  persons  during  the  said  period 
of  service  have  complied  with  the  provisions  of  section 
one  hundred  and  six  of  this  act;  and  every  commissioned 
officer  who  has  not  held  his  office  during  the  whole  of  said 
year  shall,  upon  the  approval  and  certification  by  the  officers 
specified  in  this  section  and  in  the  manner  aforesaid,  be 
allowed  and  paid  such  sum  as  may  equitably  be  due  him 
for  that  part  of  the  year  during  which  he  actually  served. 
There  shall  annually  be  allowed  and  paid  for  the  care  of  and 
*  responsibility  for  military  property  of  the  commonwealth 


Allowance  for 
instruction 
in  riding. 


Allowance  to 
officers  for 
uniforms. 


Annual  allow¬ 
ance  for  care 
of  property : 


86 


» 


Company 
comdr.,  $50. 
Comdr.  corps 
of  cadets, 
$250. 

Comdr.  field 
battery,  $200. 
Regt.  comdr., 
$50. 

Comdr.  bat¬ 
talion  field 
artillery,  $50. 
Comdr.  squad¬ 
ron  cavalry, 
$50. 

Signal  corps 
comdr.,  $50. 
Hospital  corps 
comdr.,  $50. 
Naval  brigade 
comdr.,  $500. 


Pay  of  in¬ 
specting  offi¬ 
cers  on  duty 
in  armories. 


$4,000  annual 
allowance  for 
furnishing 
instruction  to 
officers  and 
men. 


Allowance 
for  trans¬ 
portation  of 
horses. 


in  their  charge,  to  each  company  commander,  fifty  dollars; 
to  the  commander  of  the  first  corps  of  cadets,  two  hun¬ 
dred  and  fifty  dollars;  to  the  commander  of  the  second 
corps  of  cadets,  two  hundred  and  fifty  dollars;  to  each 
commander  of  a  battery  of  field  artillery,  two  hundred 
dollars;  to  each  regimental  commander,  the  commander  of 
the  field  artillery  battalion,  the  commander  of  the  squadron 
of  cavalry  and  to  the  signal  corps  commander,  fifty  dol¬ 
lars;  to  the  commander  of  the  naval  brigade,  five  hundred 
dollars,  and  to  the  hospital  corps  commander,  fifty  dol¬ 
lars;  from  which  the  adjutant  general  may  deduct  the  cost 
of  all  articles  lost  by  neglect  or  losses  unsatisfactorily 
explained,  before  certification  to  the  auditor  for  payment. 
When  military  property  loaned  by  the  United  States  govern¬ 
ment  to  the  commonwealth  has  suffered  loss  or  injury,  the 
amount  of  such  loss  or  injury  shall  be  paid  to  the  United 
States  government  out  of  the  treasury  of  the  common-  * 
wealth  upon  the  approval  of  the  adjutant  general,  and  the 
amounts  so  paid  shall  be  deducted  from  allowances  herein 
made  payable  to  officers  of  the  militia  or  from  sums  paid 
into  the  treasury  of  the  commonwealth  by  the  adjutant 
general  on  account  of  such  loss  or  injury  and  collected  by 
him  from  officers  of  the  militia  responsible  therefor,  or 
from  their  bondsmen.  Inspecting  officers  when  on  duty  in 
armories,  under  orders  of  the  commander-in-chief,  shall 
receive  the  pay  and  allowances  provided  for  officers  on 
special  duty. 

There  shall  annually  be  allowed  and  paid  out  of  the 
treasury  of  the  commonwealth  a  sum  not  exceeding  four 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  adjutant  general,  in  furnishing  the  officers  and  men  of 
the  organized  militia  with  uniform  instruction  in  military 
authority,  organization  and  administration  and  in  the  ele¬ 
ments  of  military  art.  Certificates  for  allowance  of  ex¬ 
penses  incident  to  such  instruction  shall  be  furnished  to 
the  adjutant  general,  and  upon  his  approval  payment 
shall  be  made  to  the  person  or  persons  certified  to  be 
entitled  thereto. 

Section  175.  Mounted  officers  and  men,  when  ordered 
by  the  commander-in-chief  to  transport  their  horses,  shall 


87 


be  allowed  tlie  actual  cost  of  such  transportation  from  the 
point  of  departure  nearest  to  the  several  headquarters  or 
the  armories  of  the  companies  to  which  they  belong.  No 
allowance  shall  be  made  for  transportation  not  actually 
used,  nor  to  officers  or  men  when  transported  by  horses 
provided  by  the  commonwealth. 

Section  176.  [As  amended  by  chapter  568,  Acts  of  Subsistence. 
1912.]  Subsistence  for  enlisted  men  and  bandsmen  shall 
be  furnished  in  kind  by  the  commissary  general,  unless 
otherwise  directed  by  the  commander-in-chief,  when  troops 
are  on  duty  under  sections  one  hundred  and  forty-one, 
one  hundred  and  forty-two,  one  hundred  and  fifty-one,  one 
hundred  and  fifty-two  and  one  hundred  and  sixty,  and 
the  necessary  cost  thereof  shall  be  paid  from  the  appro¬ 
priation  for  pay  and  allowances.  Bids  for  supplies  for 
the  annual  encampment  of  the  militia,  involving  the  ex- 
*  penditure  of  more  than  one  hundred  dollars,  shall  be 
advertised  for  by  the  commissary  general  in  such  news¬ 
papers  as  the  adjutant  general  shall  approve;  and  the  con¬ 
tract  shall  be  awarded  to  the  lowest  bidder,  provided  that 
the  bid  is  approved  by  the  adjutant  general,  and  that  the 
bidder  furnishes  such  security,  if  any,  as  the  adjutant 
general  may  require.  The  commissary  general  is  author¬ 
ized  to  make  sales  of  commissary  stores  for  cash  to  officers 
and  enlisted  men  and  to  civilian  employees  of  the  state  or 
of  the  United  States  assigned  to  or  employed  at  the  station 
or  with  the  troops  at  contract  prices  and  the  moneys  so 
received  by  him  shall  be  paid  to  the  treasurer  of  the  com¬ 
monwealth  and  shall  be  credited  to  the  appropriation  for 
pay  and  allowances  for  that  year.  The  commissary  gen¬ 
eral  may  purchase  annually  for  sale  for  cash  to  officers 
and  enlisted  men  and  to  civilian  employees  of  the  state  or 
of  the  United  States,  as  specified  above,  commissary  stores 
to  a  value  not  exceeding  five  thousand  dollars.  Forage 
and  transportation  may  be  furnished  in  kind  by  the  quarter¬ 
master  general  in  lieu  of  money  allowances. 


88 


Subsistence 

savings. 


Postage, 
printing  and 
stationery 
allowance. 


Allowance  for 
repairs  and 
alterations  of 
uniforms. 


Allowance 
for  company 
armorer. 


Allowance  to 
battery  field 
artillery  for 
mechanic. 


Chapter  225,  Acts  of  1910,  approved  March  16,  1910. 

When  subsistence  furnished  in  kind  by  the  commonwealth 
for  enlisted  men  and  bandsmen  of  the  militia  shall  cost 
less  than  an  average  of  forty-five  cents  for  each  enlisted  man 
and  enlisted  member  of  a  band,  the  difference  shall  be 
paid  by  the  commonwealth  into  the  treasury  of  the  com¬ 
pany  concerned. 

Section  177.  There  shall  annually  be  allowed  and  paid 
for  postage,  printing,  stationery,  and  office  incidentals:  to 
each  brigade  headquarters,  seventy-five  dollars ;  to  each 
regimental  headquarters,  three  hundred  dollars ;  to  head¬ 
quarters  of  the  naval  brigade,  two  hundred  dollars;  to 
headquarters  of  battalions  of  field  artillery  and  squadrons 
of  cavalry,  fifty  dollars;  to  each  corps  of  cadets,  one  hun¬ 
dred  dollars;  and  to  each  company,  fifteen  dollars.  There 
shall  annually  be  allowed  and  paid  to  each  headquarters, 
department,  corps  and  company  the  sum  of  two  dollars 
for  each  enlisted  man,  excepting  bandsmen  not  mustered, 
attached  thereto  or  enrolled  therein,  not  exceeding  the 
maximum  erj listed  strength  allowed  by  law,  the  amount 
so  paid  to  be  expended  in  the  repair  and  alteration  of  uni¬ 
forms,  or  in  defraying  the  incidental  military  expenses  of 
the  several  organizations.  There  shall  annually  be  allowed 
and  paid  to  each  company,  for  the  services  of  a  company 
armorer,  who  shall  devote  all  necessary  attention  to  the 
care  of  the  arms,  equipments,  uniforms  and  quarters  of  the 
company,  the  sum  of  one  hundred  and  twenty-five  dollars. 

Chapter  298,  Acts  of  1909,  approved  April  14,  1909 

There  shall  annually  be  allowed  and  paid  to  each  battery 
of  field  artillery  the  sum  of  eight  hundred  dollars  for  the 
employment  of  a  competent  mechanic  who  shall  be  ap¬ 
pointed  by  the  battery  commander  and  approved  by  the 
quartermaster  general,  and  who  shall  be  regularly  enlisted 
in  the  battery.  The  said  mechanic  shall  devote  his  time 
and  labor  exclusively  to  the  care  of  the  artillery  equip¬ 
ment  and  material  of  the  battery,  except  however  that  he 


89 


may  be  required  by  tbe  quartermaster  general  to  perform 
without  further  compensation  the  duties  of  assistant 
armorer  in  the  quarters  occupied  by  the  battery. 

Section  178.  There  shall  be  allowed  to  each  person,  not 
in  the  volunteer  militia,  appearing  before  courts  of  inquiry 
or  courts-martial  upon  summons  of  the  president  or  judge 
advocate  thereof,  one  dollar  and  fifty  cents  for  each  day’s 
attendance  and  four  cents  for  each  mile  necessarily  trav¬ 
elled  in  obedience  to  such  summons. 

Chapter  434,  Acts  of  1908,  approved  April  22,  1908. 

The  acting  paymaster  general  of  the  militia  may  have 
advanced  to  him  from  the  treasury  of  the  commonwealth 
one  hundred  per  cent  of  the  pay  and  mileage  due  or  to  be¬ 
come  due  to  the  officers  and  men  of  the  militia  for  duty 
performed  at  camp  or  annual  drill,  under  such  rules  and 
regulations  as  the  treasurer  and  receiver  general  may  pre¬ 
scribe;  and  the  acting  paymaster  general  shall  pay  back 
to  the  treasurer  any  unexpended  balance  of  the  sums  thus 
advanced  to  him. 

Chapter  280,  Acts  of  1909,  approved  April  9,  1909. 

Officers  of  the  army  and  navy  of  the  United  States  here¬ 
after  detailed  by  the  war  or  navy  department,  at  the  request 
of  the  commander-in-chief,  to  act  as  instructors,  advisers, 
or  umpires,  or  to  perform  any  other  duty  in  connection 
with  the  volunteer  militia  of  the  commonwealth,  shall  be 
reimbursed  by  the  commonwealth,  from  the  appropriation 
for  compensation  of  officers  and  men  of  the  militia,  for  all 
expenses  incurred  by  them  in  the  performance  of  the  said 
duties,  and  authorized  or  approved  by  the  adjutant  gen¬ 
eral,  in  excess  of  those  expenses  allowed  and  paid  by  the 
United  States.  Payments  under  this  section  shall  be  made 
to  officers  entitled  thereto  on  certificates,  approved  by  the 
adjutant  general,  in  such  form  as  the  commander-in-chief 
shall  prescribe. 


Allowance 
for  travel  and 
attendance  at 
courts-martial. 


Pay  for  camp 
duty  and 
annual  drill 
may  be  ad¬ 
vanced  to  act¬ 
ing  paymaster 
general. 


Officers  of 
army  or  navy 
of  United 
States  to  be 
reimbursed 
for  expenses 
in  excess  of 
allowance  by 
United  States. 


90 


* 


Courts  of 
inquiry. 


Report,  etc. 


General 

courts- 

martial. 


General 

courts-martial. 

Summary 

courts-martial. 


Appoint¬ 

ment. 


Courts  of  Inquiry  and  Courts-martial. 

Section  179.  Courts  of  inquiry  may  be  instituted  by 
the  commander-in-chief  to  investigate  the  conduct  of  any 
officer,  either  upon  his  own  application  or  upon  a  com¬ 
plaint  or  charge  of  improper  conduct,  degrading  to  the 
character  of  an  officer.  Such  court  shall  consist  of  not 
more  than  three  officers  and  may,  with  the  approval  of 
the  commander-in-chief,  require  a  judge  advocate  to  attend 
it  in  taking  testimony  and  investigating  any  complaint  be¬ 
fore  it. 

Section  180.  Such  court  shall  without  delay  report  a 
statement  of  facts  and,  when  required,  the  evidence  and  its 
opinion  thereon  to  the  commander-in-chief  who  may,  in 
his  discretion,  thereupon  order  a  court-martial  for  the  trial 
of  the  officer.  , 

Section  181.  General  courts-martial  for  the  trial  of  com¬ 
missioned  officers  shall  be  ordered  by  the  commander-in¬ 
chief  at  such  times  as  the  interest  of  the  service  may  re¬ 
quire,  and  shall  consist  of  not  less  than  three  nor  more  than  * 
seven  officers,  none  of  whom  shall  be  of  less  rank  than  the 
accused. 

Section  182.  [As  amended  by  chapter  519,  Acts  of 
1912.]  General  courts-martial  or  summary  courts-martial 
for  the  trial  of  enlisted  men  may  be  ordered  by  the  com¬ 
mander-in-chief  at  such  times  as  the  interest  of  the  service 
may  require.  The  general  court-martial  shall  consist  of 
not  more  than  three  officers,  one  of  whom  shall  be  of  field 
rank;  the  summary  court-martial  shall  consist  of  one  officer 
of  field  rank.  When  the  troops  are  not  on  duty  under  sec¬ 
tions  one  hundred  and  forty-one,  one  hundred  and  forty- 
two,  one  hundred  and  fifty-one,  one  hundred  and  fifty-two, 
or  one  hundred  and  sixty,  the  commander-in-chief  alone  shall 
appoint  all  such  courts-martial.  When  any  part  of  the 
troops  are  on  duty  prescribed  by  sections  one  hundred 
and  forty-one,  one  hundred  and  forty-two,  one  hundred  and 
fifty-one,  one  hundred  and  fifty-two  and  one  hundred  and 
sixty,  the  commanding  officer  of  the  forces  performing  the 
duty  may  also,  when  necessary,  appoint  a  summary  court- 


91 


martial  for  the  trial  of  enlisted  men  under  his  command. 
It  shall  consist  of  one  commissioned  officer,  preferably  of 
field  rank,  if  one  is  available.  A  general  or  summary  court- 
martial  may,  subject  to  the  approval  of  the  officer  ordering 
the  court,  sentence  the  soldier  tried  to  be  confined  in  the 
guard  quarters  of  the  organization,  to  be  fined,  to  be  repri¬ 
manded  in  company,  corps,  squadron,  battalion,  regimental 
or  brigade  orders,  or  in  case  of  a  non-commissioned  officer, 
to  be  reduced  to  the  ranks;  and  either  court-martial,  may, 
with  the  approval  of  the  commander-in-chief,  sentence  the 
soldier  to  be  reprimanded  in  orders  from  general  head¬ 
quarters,  to  be  dishonorably  discharged,  or  to  be  discharged 
and  disqualified  from  holding  office  in  the  militia  of  the  com¬ 
monwealth.  A  general  court-martial  for  enlisted  men  shall 
not  impose  a  fine  for  any  offence  in  excess  of  twenty-five 
dollars.  A  summary  court-martial  shall  not  impose  a  fine 
for  any  offence  in  excess  of  ten  dollars.  All  fines  so  im¬ 
posed  shall  be  deducted  by  the  paymaster  from  the  amount 
due  or  to  become  due  the  soldier,  or  collected  by  his  com¬ 
manding  officer  and  paid  into  the  treasury  of  the  common¬ 
wealth. 

Section  183.  Courts-martial  shall  in  all  respects  con¬ 
form  to  the  regulations  established  for  the  government  of 
the  militia  of  the  commonwealth;  and  the  sentences  thereof 
shall  be  in  accordance  with  the  nature  and  degree  of  the 
offence  and  according  to  established  military  usage,  but 
shall  not,  in  time  of  peace,  extend  further  than  dismissal 
or  discharge,  or  disqualification  from  holding  any  office  in 
the  militia. 

Section  184.  The  proceedings  and  sentence  of  every 
court-martial  shall  without  delay  be  forwarded  to  the  officer 
competent  to  review  the  same,  who  shall  approve  or  dis¬ 
approve  thereof  within  fifteen  days  thereafter ;  but  the 
reviewing  officer  may  mitigate  or  commute  the  sentence. 
A  roll  of  the  officers  of  the  court,  of  the  persons  accused  or 
charged  and  of  the  witnesses  appearing  before  it,  with  the 
residence  and  number  of  days’  attendance  of  each,  shall 
constitute  a  part  of  the  record  of  every  court  of  inquiry 
or  court-martial. 


Sentence : 
confinement 
or  fine. 


Proceedings 
of  courts- 
martial. 


Report  to 

reviewing 

officer. 


92 


Issue  of 
summonses. 


Penalty  for 
failure  to 
serve  sum¬ 
mons. 


Offences  for 
which  officers 
may  be  tried. 


Section  185.  The  president  of  every  court-martial  or 
court  of  inquiry,  and  also  the  judge  advocate,  may  administer 
the  usual  oath  to  witnesses,  and  may  issue  summonses  for 
the  accused  and  the  witnesses  for  the  commonwealth,  and 
also,  on  application,  for  the  witnesses  for  the  officer  or  sol¬ 
dier  accused  or  charged ;  and  he  may  direct  the  commanding 
officer  of  any  company  to  cause  such  summonses  to  be 
served  on  any  member  of  his  company,  or  may  direct  the 
commanding  officer  of  any  brigade,  regiment,  naval  brigade, 
separate  battalion,  squadron  or  corps  of  cadets  to  serve 
such  summonses  on  any  commissioned  or  noncommissioned 
officer  of  his  staff. 

Section  186.  An  officer  or  soldier  failing  to  serve  such 
summons,  and  a  witness  failing  without  sufficient  excuse 
to  appear  when  summoned,  shall  be  liable  to  trial  by  court- 
martial  for  disobedience  of  orders,  or  may  be  compelled 
to  appear  as  in  the  case  of  witnesses  before  special  tri¬ 
bunals. 

Section  187.  Commissioned  officers  and  veterinarians 
may  be  tried  by  court-martial,  for  the  following  offences: 
for  unmilitary  or  unofficerlike  conduct ;  drunkenness  on 
duty;  neglect  of  duty;  disobedience  of  orders;  acts  con¬ 
trary  to  the  provisions  of  this  act  or  to  the  regulations  for 
the  government  of  the  militia;  oppression  or  injury  of  any 
under  his  command;  a  combination  or  attempt  with,  or  ad¬ 
vice  to,  another  to  break,  resist  or  evade  the  laws  or  lawful 
orders;  insulting  a  superior  officer  in  the  line  of  military 
duty ;  presuming  to  exercise  his  command  while  under  arrest 
or  suspension;  neglect  or  refusal,  when  commanding  officer, 
to  order  out  his  troops  when  required  by  law  or  when 
ordered  by  his  superior  officer;  neglect  or  refusal  to  make 
a  draft  or  detachment  when  so  ordered ;  parading  the 
troops  under  his  command  on  election  days  contrary  to  law; 
receiving  any  fee  or  gratuity  as  a  medical  officer  for  a  cer¬ 
tificate  of  inability  to  do  military  duty;  neglect,  when  de¬ 
tailed  to  train  and  discipline  a  company,  to  make  complaint 
for  neglect  or  violation  of  duty,  or  for  any  other  neglect 
for  which  a  commanding  officer  of  the  company  would  be 
liable;  neglect  or  refusal  to  march  or  to  make  a  draft,  or 


93 


for  disobedience  to  an  order  in  case  of  rebellion  or  insur¬ 
rection;  refusal  or  neglect  to  obey  a  precept  or  order  to 
call  out  the  militia,  or  an  order  issued  in  obedience  thereto, 
or  for  advising  any  officer  or  soldier  to  do  the  like;  making 
a  false  certificate,  account  or  muster;  conduct  unbecoming 
an  officer  and  gentleman,  or  to  the  prejudice  of  good  order 
and  military  discipline. 

Section  188.  Enlisted  men  may  be  tried  by  court-mar¬ 
tial  for  the  following  offences:  disobedience  of  orders,  or 
an  act  contrary  to  the  provisions  of  this  act,  to  the  regula¬ 
tions  for  the  government  of  the  militia,  or  to  the  by-laws 
of  the  organization  to  which  he  belongs,  disrespect  to  his 
superior  officers,  mutiny,  neglect  of  duty,  drunkenness  on 
duty,  or  conduct  to  the  prejudice  of  good  order  and  military 
discipline. 

Section  189.  No  officer  or  soldier  shall  be  tried  by  court- 
martial  for  any  offence  not  committed  within  two  years 
before  the  issuing  of  the  order  for  such  trial  unless  the 
accused  has  absented  himself  from  the  commonwealth  or 
for  some  other  reason  has  not  been  amenable  to  justice 
within  that  period. 

Section  190.  When  any  portion  of  the  military  forces 
of  the  commonwealth  is  ordered  by  the  commander-in¬ 
chief  to  assemble  for  the  purpose  of  suppressing  a  riot, 
insurrection,  or  invasion,  or  in  time  of  public  danger,  the 
rules  and  articles  of  war  and  general  regulations  for  the 
government  of  the  army  or  navy  of  the  United  States,  so 
far  as  they  may  be  applicable  and  with  such  modifications 
as  the  commander-in-chief  may  prescribe,  shall  be  in  force 
and  shall  be  regarded  as  part  thereof,  during  such  service; 
but  no  punishment  by  death  shall  in  any  case  be  inflicted 
under  such  rules  and  articles,  except  in  time  of  actual  war, 
invasion  or  insurrection,  declared  by  proclamation  of  the 
governor  to  exist,  and  then  only  after  the  approval  of  the 
sentence  by  the  commander-in-chief. 

Regimental ,  Battalion  and  Company  By-laws. 

Section  191.  For  the  government  of  matters  relating 
to  the  interior  economy  of  their  respective  organizations; 


Offences  for 
which  enlisted 
men  may  be 
tried. 


Limitation  of 
prosecutions. 


Articles  of 
war  to  apply 
in  certain 
cases. 


Approval  of 
commander- 
in-chief. 


94 


Inspecting 
officer  may 
examine 
books. 


Fines  for  non¬ 
performance 
of  duty. 


the  assessment  of  dues;  the  regulation  of  fines  for  non¬ 
performance  of  duty  and  of  excuses  therefrom,  companies, 
troops,  batteries,  corps  of  cadets,  the  staff  corps  and  de¬ 
partments,  may  adopt  by-laws  not  repugnant  to  the  law 
or  to  the  regulations  for  the  government  of  the  militia, 
subject  to  the  approval  of  the  commander-in-chief.  Head¬ 
quarters  of  brigades,  regiments,  separate  battalion,  squad¬ 
ron  and  the  naval  brigade  may  also  adopt  by-laws  in  like 
manner.  All  organizations  of  the  militia  shall  be  supplied 
by  the  quartermaster  general  with  a  treasurer’s  account 
book,  to  be  kept  as  the  commander-in-chief  prescribes.  The 
books  of  the  treasurer  of  any  command  may  at  any  time 
be  examined  by  inspecting  officers,  on  whose  report  they 
shall  be  subject  to  the  action  of  the  commander-in-chief. 

Section  192.  Fines  fixed  by  such  by-laws  for  the  non¬ 
performance  of  duty  shall  not  exceed  the  following  sums: 
for  each  day’s  absence  from  camp  or  annual  drill,  five  dol¬ 
lars;  for  each  day’s  absence  from  special  duty,  when  ordered 
by  the  commander-in-chief,  or  from  any  parade  ordered  by 
the  commanding  officer  of  a  regiment,  separate  battalion, 
squadron,  corps  of  cadets,  unattached  company,  staff  corps 
and  departments,  three  dollars;  for  each  absence  from 
company  or  battalion  drill,  or  meeting  of  officers  or  non- 
commissioned  officers  ordered  for  the  purpose  of  instruc¬ 
tion,  inspection,  or  from  an  election,  one  dollar.  Money 
charged  to  an  officer  or  soldier  of  the  volunteer  militia, 
under  the  provisions  of  this  act  or  of  the  by-laws  of  the 
organization  of  which  he  is  or  may  have  been  a  member, 
shall  constitute  a  simple  contract  debt  against  him  and  may 
be  recovered  upon  suit  brought  in  the  name  of  the  officer 
commanding  such  organization  at  the  time  of  bringing  the 
action,  and  prosecuted  in  accordance  with  the  laws  of  this 
commonwealth  for  the  recovery  of  such  debts  in  any  court 
of  competent  jurisdiction.  Want  of  consideration,  or  the 
fact  that  the  defendant  is  or  was  a  member  of  the  same 
organization  as  the  plaintiff,  shall  not  be  defences  in  such 
suit.  The  prevailing  party  shall  have  his  costs  without  re¬ 
gard  to  the  amount  recovered.  This  remedy  shall  be  in 
addition  to  the  penalties  hereinbefore  provided.  A  judg- 


95 


ment  for  such  a  fine  and  costs  may  be  enforced  in  the  same 
manner  as  a  judgment  on  a  claim  for  necessaries,  in  ac¬ 
cordance  with  the  provisions  of  sections  eighty  to  eighty- 
six,  both  inclusive,  of  chapter  one  hundred  and  sixty-eight 
of  the  Revised  Laws. 

GENERAL  PROVISIONS. 

Section  193.  The  commander-in-chief  may  make  regu¬ 
lations  for  the  government  of  the  militia  in  accordance  with 
law,  and  may  publish  the  same  with  a  sufficient  index.  The 
commander-in-chief  shall  cause  copies  of  this  act,  with  such 
amendments  as  may  be  made  from  time  to  time,  to  be  pub¬ 
lished  for  the  information  and  use  of  the  militia,  and  a 
sufficient  index  shall  be  made  for  every  such  publication, 
copies  whereof,  sufficient  for  the  proper  supply  of  the 
several  commands  of  the  militia,  shall  be  printed  and  issued 
by  the  adjutant  general. 

Section  194.  The  militia  shall  observe  the  system  of 
discipline  and  field  exercise  ordered  to  be  observed  by  the 
army  of  the  United  States,  or  such  other  system  as  may 
hereafter  be  established  by  the  laws  of  the  United  States. 

Section  195.  Members  of  the  volunteer  militia  shall  not 
be  liable  to  jury  duty;  and  any  officer  or  soldier  who  has 
served  faithfully  for  nine  years  in  the  volunteer  militia 
shall  be  exempt  for  life  from  jury  duty,  the  statement  of 
such  service  being  endorsed  on  the  back  of  his  discharge  and 
certified  by  his  commanding  officer. 

Section  196.  Rolls  of  the  volunteer  militia,  showing  the 
names  of  all  general,  field,  staff  and  noncommissioned  staff 
officers,  and  the  names  of  all  company  officers  and  enlisted 
men  in  the  service,  shall  be  made  on  the  first  day  of  Janu¬ 
ary  in  each  year.  Those  for  companies  shall  be  prepared 
by  the  respective  company  commanders,  and  all  others  by 
direction  of  the  commanding  officers  of  the  several  organiza¬ 
tions.  A  sworn  copy  of  such  rolls,  or  of  so  much  thereof 
as  may  be  necessary,  shall  be  furnished  by  the  commanding 
officers  of  companies  and  of  such  other  organizations  be¬ 
fore  the  tenth  day  of  January  in  each  year,  to  the  registrars 
of  voters  in  any  city  except  Boston,  and  in  Boston  to  the 


Regulations 
for  militia. 

Law  and 
regulations  to 
be  published. 


United  States 
system  of 
discipline  and 
field  exercise 
to  be  observed 


Exemption 
from  jury 
duty. 


Jury  exemp¬ 
tion  rolls  to 
be  made 
annually. 


96 


Penalty  for 
issuing  false 
certificate. 


Rolls  of 
Ancient  and 
Honorable 
Artillery 
Company. 


Exemption 
from  arrest 
on  civil 
process. 


Relief  for 
injuries  when 
on  duty. 


Claims  to  be 
heard  by 
board  of 
three  officers. 


election  commissioners,  or  to  the  selectmen  of  any  town, 
in  which  such  companies  or  organizations  or  any  members 
thereof  are  situated,  for  use  in  ascertaining  exemptions 
from  jury  duty.  The  issue  by  an  officer  of  the  volunteer 
militia  of  a  false  certificate,  or  the  issue  of  a  certificate  to 
any  person  not  entitled  to  receive  the  same,  for  the  pur¬ 
pose  of  securing  exemption  from  jury  duty,  shall  be  pun¬ 
ished  in  such  manner  as  the  commander-in-chief  shall  direct. 
The  clerk  of  the  Ancient  and  Honorable  Artillery  Com¬ 
pany  shall  furnish  annually  to  the  election  commissioners 
in  the  city  of  Boston,  and  to  the  registrars  of  voters  in  any 
other  city,  or  to  the  selectmen  of  any  town,  sworn  rolls  of 
all  active  members  belonging  to  the  company  resident  in 
such  city  or  town.  No  member  of  the  Ancient  and  Honor¬ 
able  Artillery  Company,  otherwise  liable  for  jury  duty, 
shall  be  exempt  if  the  sworn  roll  herein  required  has  not 
been  made  and.  furnished  as  aforesaid. 

Section  197.  No  officer  or  soldier  shall  be  arrested  on 
civil  process  while  going  to,  remaining  at  or  returning  from, 
a  place  where  he  is  ordered  to  attend  for  election  of  officers 
or  for  military  duty. 

Section  198.  [As  amended  by  chapter  170,  Acts  of 
1909.]  A  member  of  the  volunteer  militia  or  of  the  naval 
brigade  who  shall,  when  on  duty  or  when  assembled  there¬ 
for  under  the  provisions  of  sections  one  hundred  and  forty- 
one,  one  hundred  and  forty-two,  one  hundred  and  fifty-one, 
one  hundred  and  fifty-two,  or  one  hundred  and  sixty,  re¬ 
ceive  any  injury,  by  reason  of  such  duty  or  assembly,  or 
who  shall  without  fault  or  neglect  on  his  part  be  wounded 
or  disabled  while  performing  any  such  lawfully  ordered 
duty,  which  shall  temporarily  incapacitate  him  from  pur¬ 
suing  his  usual  business  or  occupation,  shall,  during  the 
period  of  such  incapacity,  receive  such  compensation  as 
shall  be  fixed  by  a  board  appointed  to  inquire  into  his 
claim,  not  exceeding .  in  amount  the  pay  provided  for  by 
this  act  and  actual  necessary  expenses  for  care  and  medical 
attendance.  All  claims  arising  under  this  section  shall  be 
inquired  into  by  a  board  of  three  officers,  at  least  one  be¬ 
ing  a  medical  officer,  to  be  appointed  by  the  commander- 


97 


in-chief  upon  the  application  of  the  member  making  the 
claim.  Such  board  shall  have  the  same  power  to  take  evi¬ 
dence,  administer  oaths,  issue  subpoenas  and  compel  wit¬ 
nesses  to  attend  and  testify  and  produce  books  and  papers, 
and  punish  their  failure  to  do  so,  as  is  possessed  by  a  gen¬ 
eral  court-martial.  The  findings  of  the  board  shall  be  sub¬ 
ject  to  the  approval  of  the  commander-in-chief.  The 
amount  found  due  such  member  by  said  board,  to  the 
extent  that  its  findings  are  approved  by  the  commander-in¬ 
chief,  shall  be  a  charge  and  shall  be  paid  in  like  manner 
as  other  military  accounts  are  paid. 

Chapter  358,  Acts  of  1912,  approved  April  1,  1912. 

Section  1.  Any  person  who  wilfully  either  deprives  a 
member  of  the  militia  or  naval  reserve  of  his  employment, 
or  denies  him  employment,  or  prevents  his  being  employed 
by  another,  or  obstructs  or  annoys  him  or  his  employer  in 
respect  of  his  trade,  business,  or  employment,  because  of 
such  member’s  connection  with  the  militia  or  naval  reserve 
or  because  of  his  necessary  absence  from  business  in  per¬ 
formance  of  his  duty  as  such  member,  and  whoever  dis¬ 
suades  any  person  from  enlisting  in  the  militia  or  naval 
reserve  by  threat  of  injury  to  him  in  respect  of  his  em¬ 
ployment,  trade  or  business  or  of  other  injury,  in  case  he 
shall  so  enlist,  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  not 
exceeding  five  hundred  dollars,  or  by  imprisonment  for  a 
term  not  exceeding  six  months,  or  by  both  such  fine  and 
imprisonment. 

Section  2.  This  act  shall  take  effect  upon  its  passage. 

Section  199.  All  military  accounts,  unless  otherwise 
provided  for  by  law,  shall  annually,  on  or  before  the  fif¬ 
teenth  day  of  November,  be  transmitted  to  the  adjutant  gen¬ 
eral,  and  shall  be  certified  by  him  if  correct,  and  then  pre¬ 
sented  to  the  auditor  of  the  commonwealth  for  allowance. 

Section  200.  [As  amended  by  chapter  58,  Acts  of  1912.] 
Paymasters  shall  take  proper  vouchers  for  all  payments, 
and  immediately  after  the  payment  of  troops  shall  file  with 


Findings  to 
be  approved. 


Penalty  for 
interfering 
with  militia 
and  enlist¬ 
ment  therein. 


Military 
accounts  to 
be  trans¬ 
mitted  before 
Nov.  15. 


Paymaster’s 

vouchers. 


98 


Paymaster’s 

bond. 


Bond  of  offi¬ 
cer  responsible 
for  military 
property. 


Reimburse¬ 
ment  for 
amount  paid 
surety  com¬ 
pany  for 
bond. 


Status  of 
officers  and 
men  not 
accepted  into 
service  of 
United  States. 


the  treasurer  and  receiver  general  an  account  of  their  pay¬ 
ments,  with  their  vouchers;  and  such  accounts  shall  be 
audited  by  the  auditor  of  the  commonwealth,  and  the  several 
paymasters  held  to  account  for  any  discrepancies. 

Section  201.  Each  officer  of  the  pay  department,  and 
the  paymasters  of  the  naval  brigade  shall  give  bond  in  the 
penal  sum  of  ten  thousand  dollars,  with  at  least  two  sure¬ 
ties,  approved  by  the  governor  and  council,  conditioned 
faithfully  to  perform  the  duties  of  their  office. 

Section  202.  Any  officer  to  whom  any  public  military 
property  is  at  any  time  issued  may  be  required  to  give 
bond,  with  two  sureties,  satisfactory  to  the  governor  and 
council,  conditioned  faithfully  to  perform  the  duties  of  his 
office;  to  use  all  necessary  care  in  the  safe  keeping  of 
military  stores  and  property  committed  to  his  custody;  to 
account  for  the  same,  and  deliver  to  his  successor  or  to 
any  other  person  authorized  to  receive  the  same  all  such 
military  property. 

Chapter  469,  Acts  of  1908,  approved  May  1,  1908. 

When  an  official  who  has  the  custody  of  property  of  the 
commonwealth,  or  who  is  charged  with  the  duty  of  receiving 
or  disbursing  money,  is  required  to  give  bond  to  the  com¬ 
monwealth  for  the  faithful  discharge  of  his  duty,  the  com¬ 
monwealth  shall  reimburse  him  for  the  amount  paid  by 
him  to  a  surety  company  for  becoming  surety  on  his  official 
bond. 

Section  203.  Commissioned  officers  and  enlisted  men, 
who,  by  reason  of  their  supplementary  positions  in  the 
volunteer  militia,  cannot  be  accepted  when  the  organiza¬ 
tions  to  which  they  are  attached  are  taken  into  the  service 
of  the  United  States,  shall  not  therefore  be  discharged  from 
the  volunteer  militia,  but  shall  be  subject  within  the  limits 
of  the  commonwealth  to  such  military  duty  as  the  com¬ 
mander-in-chief  shall  require,  and  upon  the  return  to  the 
state  of  the  organizations  to  which  they  were  attached  shall 
resume  their  former  duties. 

In  like  manner,  officers  and  soldiers  who  are  in  the  serv- 


99 


ice  of  the  commonwealth,  but  who  do  not  for  any  reason 
enter  the  volunteer  army  of  the  United  States,  shall  re¬ 
tain  their  positions  with  the  volunteer  militia. 

Section  204.  General  and  field  officers,  paymasters,  the 
judge  advocate  general,  and  all  judge  advocates  may  ad¬ 
minister  the  oaths  required  by  this  act,  except  as  provided 
in  sections  sixty-three  and  sixty-four;  and  also  oaths  re¬ 
quired  by  the  regulations  for  the  government  of  the  militia. 

Section  205.  The  provisions  of  this  act  shall  not  affect 
the  right  of  the  Ancient  and  Honorable  Artillery  Company 
to  maintain  its  organization  as  a  military  company,  accord¬ 
ing  to  ancient  usage  and  to  its  constitution  and  by-laws, 
provided  that  the  same  are  not  repugnant  to  the  laws  of 
this  commonwealth  and  do  not  restrain  the  lawful  parade 
or  exercise  of  the  active  militia. 

Section  206.  No  organization  of  the  militia  shall  be 
ordered  without  the  limits  of  the  commonwealth,  and  no 
military  organization  shall  leave  the  commonwealth,  for 
any  period  or  purpose  whatever,  with  public  military  prop¬ 
erty  in  its  possession  or  use,  without  the  consent  or  by  the 
order  of  the  commander-in-chief.  Any  organization  dis¬ 
obeying  the  provisions  of  this  section  shall  forthwith  be 
disbanded  by  the  commander-in-chief,  and  its  officers  and 
members  shall  be  liable  to  trial  by  court-martial  for  dis¬ 
obedience  of  orders. 

Section  207.  The  militia  when  in  the  service  of  the 
United  States,  if  paid  by  the  commonwealth,  shall  receive 
the  same  pay  and  allowances  as  the  regular  troops  of  the 
United  States;  and  the  rations  when  commuted  shall  be 
valued  at  the  rate  fixed  by  the  regulations  of  the  United 
States  army  in  force  at  the  time.  When  the  militia  are 
discharged  from  such  service  they  shall  be  allowed  pay  and 
rations  to  their  respective  homes. 

Section  208.  Civil  officers  named  in  this  act  who  neglect 
or  refuse  to  obey  its  provisions  shall,  except  as  otherwise 
expressly  provided,  forfeit  not  less  than  twenty  nor  more 
than  five  hundred  dollars  for  each  offence. 

Section  209.  Chapter  four  hundred  and  sixty-five  of  the 
acts  of  the  year  nineteen  hundred  and  five,  and  all  other 


Administer¬ 
ing  oaths. 


Rights  of 
Ancient  and 
Honorable 
Artillery  Co. 
not  affected. 


Troops  not  to 
leave  com¬ 
monwealth 
without  con¬ 
sent  of  or  by 
order  of  the 
commander- 
in-chief. 


Pay  and 
allowances 
when  in 
service  of 
United  States. 


Penalty  on 
civil  officers. 


Repeal. 


100 


acts  and  parts  of  acts  inconsistent  herewith,  are  hereby 
repealed. 


Chapter  513,  Acts  of  1910,  approved  May  13,  1910. 


Delegates  to 
National  Guard 
Association  of 
the  United 
States. 


Section  1.  The  governor  is  hereby  authorized  to  appoint 
from  the  Massachusetts  National  Guard  Association  dele¬ 
gates,  at  his  discretion,  to  represent  the  militia  of  the  com¬ 
monwealth  at  the  annual  conventions  of  the  National  Guard 
Association  of  the  United  States.  The  necessary  expenses 
of  the  delegates  so  appointed  shall  be  paid  out  of  the  ap¬ 
propriation  for  military  accounts. 

Section  2.  This  act  shall  take  effect  upon  its  passage. 


Eight  hours 
to  constitute 
a  day’s  work 
for  public 
employees. 


Chapter  494,  Acts  of  1911,  approved  May  27,  1911. 

Section  1.  The  service  of  all  laborers,  workmen  and  me¬ 
chanics  now  or  hereafter  employed  by  the  commonwealth 
or  by  any  county  therein  or  by  any  city  or  town  which  has  • 
accepted  the  provisions  of  section  twenty  of  chapter  one 
hundred  and  six  of  the  Revised  Laws,  or  of  section  forty- 
two  of  chapter  five  hundred  and  fourteen  of  the  acts  of 
the  year  nineteen  hundred  and  nine,  or  by  any  contractor 
or  sub-contractor  for  or  upon  any  public  works  of  the 
commonwealth  or  of  any  county  therein  or  of  any  such 
city  or  town,  is  hereby  restricted  to  eight  hours  in  any  one 
calendar  day,  and  it  shall  be  unlawful  for  any  officer  of 
the  commonwealth  or  of  any  county  therein,  or  of  any  such 
city  or  town,  or  for  any  such  contractor  or  sub-contractor 
or  other  person  whose  duty  it  shall  be  to  employ,  direct  or 
control  the  service  of  such  laborers,  workmen  or  mechanics 
to  require  or  permit  any  such  laborer,  workman  or  mechanic 
to  work  more  than  eight  hours  in  any  one  calendar  day, 
except  in  cases  of  extraordinary  emergency.  Danger  to 
property,  life,  public  safety  or  public  health  only  shall  be 
considered  cases  of  extraordinary  emergency  within  the 
meaning  of  this  section.  In  cases  where  a  Saturday  half 
holiday  is  given  the  hours  of  labor  upon  the  other  work¬ 
ing  days  of  the  week  may  be  increased  sufficiently  to  make  a 
total  of  forty-eight  hours  for  the  week’s  work.  Threat  of 
loss  of  employment  or  to  obstruct  or  prevent  the  obtaining 


101 


of  employment  or  to  refrain  from  employing  in  the  future, 
shall  each  be  considered  to  be  “  requiring  ”  within  the 
meaning  of  this  section.  Engineers  shall  be  regarded  as 
mechanics  within  the  meaning  of  this  act. 

Section-  2.  Every  contract,  excluding  contracts  for  the 
purchase  of  material  or  supplies,  to  which  the  common¬ 
wealth  or  any  county  therein  or  any  city  or  town  which  has 
accepted  the  provisions  of  section  twenty  of  chapter  one 
hundred  and  six  of  the  Revised  Laws,  is  a  party  which  may 
involve  the  employment  of  laborers,  workmen  or  mechanics 
shall  contain  a  stipulation  that  no  laborer,  workman  or 
mechanic  working  within  this  commonwealth,  in  the  em¬ 
ploy  of  the  contractor,  sub-contractor  or  other  person  doing 
or  contracting  to  do  the  whole  or  a  part  of  the  work  con¬ 
templated  by  the  contractor  shall  be  requested  or  required 
to  work  more  than  eight  hours  in  any  one  calendar  day, 
and  every  such  contract  which  does  not  contain  this  stipula¬ 
tion  shall  be  null  and  void. 

Section  3.  Any  agent  or  official  of  the  commonwealth 
„  or  of  any  county  therein  or  of  any  city  or  town  or  any 
contractor  or  sub-contractor  or  any  agent  or  person  acting 
on  behalf  of  any  contractor  or  sub-contractor  who  violates 
any  provision  of  this  act  shall  be  punished  by  a  fine  not 
exceeding  one  thousand  dollars  or  by  imprisonment  for  six 
months  or  both  such  fine  and  imprisonment  for  each  offence. 

Section  4.  This  act  shall  not  apply  to  the  preparation, 
printing,  shipment  and  delivery  of  ballots  to  be  used  at  a 
caucus,  primary,  state,  city  or  town  election,  nor  during  the 
sessions  of  the  general  court  to  persons  employed  in  leg¬ 
islative  printing  or  binding;  nor  shall  it  apply  at  any  time 
to  persons  employed  in  any  state,  county  or  municipal  in¬ 
stitution,  on  a  farm,  or  in  the  care  of  the  grounds,  in  the 
*  stable,  in  the  domestic  or  kitchen  and  dining-room  service 
or  in  store  rooms  and  offices. 

Section  5.  All  acts  and  parts  of  acts  inconsistent  here¬ 
with  are  hereby  repealed. 


Public  con¬ 
tracts  to  stipu¬ 
late  hours 
of  labor. 


Penalty. 


Not  to  apply 
in  certain 
cases. 


Repeal. 


102 


THE  COMMONWEALTH  OF  MASSACHUSETTS. 

The  Adjutant  General’s  Office. 

Boston,  February  2,  1913. 

General  Orders,! 

No.  5.  J 

REGULATIONS  FOR  THE  GOVERNMENT  OF  THE  MILITJA. 

I.  Regulations  of  1910  rescinded. 

The  Regulations  for  the  National  Guard  as  approved  and  adopted  , 
by  General  Orders,  No.  16,  A.  G.  0.,  series  of  1910,  and  the  Regulations 
for  the  Naval  Militia  as  approved  and  adopted  by  General  Orders,  No. 

17,  A.  G.  0.,  series  of  1910,  with  the  amendments  to  each  of  said  Regula¬ 
tions  published  in  general  orders  from  The  Adjutant  General’s  Office, 
are  hereby  rescinded. 

II.  In  Relation  to  Previous  General  Orders,  The  Adjutant 

General’s  Office. 

1.  The  following  general  orders  from  The  Adjutant  General’s  Office 
remain  in  force  and  effect:  — 

General  Orders,  No.  27,  series  of  1911  (relating  to  the  organization  of 
the  naval  brigade)  ; 

General  Orders,  No.  22,  series  of  1912  (relating  to  the  organization  of 
the  squadron  of  cavalry  and  the  hospital  corps) ; 

General  Orders,  No.  32,  series  of  1912  (relating  to  the  organization  of 
the  signal  corps) ; 

Current  General  Orders  in  relation  to  the  — 

Board  of  Examiners  for  Commissioned  Officers,  and  the  examination 
of  such  officers; 

The  Service  Schools,  M.  V.  M.;  and 

The  inspection,  instruction  and  training  of  the  National  Guard  and 
the  Naval  Militia. 


103 


2.  All  other  general  orders  from  The  Adjutant  General’s  Office  have 
either  been  incorporated  in  this  order,  or  are  of  such  nature  as  to  be  of 
no  interest  at  the  present  time. 

III.  Adoption  of  Army  and  Navy  Regulations  where  applicable. 

So  far  as  they  are  applicable  and  are  not  inconsistent  with  the  Con¬ 
stitution  and  laws  of  the  Commonwealth  of  Massachusetts,  or  the  regu¬ 
lations  and  orders  herein  or  hereafter  issued  by  the  Commander-in-Chief 
of  the  Massachusetts  Volunteer  Militia,  the  Regulations  for  the  Army 
of  the  United  States  and  the  Regulations  of  the  War  Department  govern¬ 
ing  the  Organized  Militia  of  the  United  States  shall  hereafter  be  observed 
by  the  National  Guard;  and  in  accordance  with  section  4  of  chapter 
506  of  the  Acts  of  the  Legislature  of  the  year  1912,  so  far  as  is  practicable, 
the  Regulations  for  the  government  of  the  United  States  Navy  shall 
apply  to  the  Naval  Militia. 

IV.  Authority  of  the  Commander-in-Chief  defined. 

The  authority  vested  in  the  President  of  the  United  States,  in  the 
War  Department,  in  the  Secretary  of  War,  or  in  the  commander  of  a 
corps,  tactical  division,  territorial  division  or  territorial  department, 
by  the  Regulations  for  the  Army  of  the  United  States,  shall,  for  the  pur¬ 
pose  of  applying  the  said  Regulations  to  the  government  of  the  National 
Guard,  be  vested  in  the  Commander-in-Chief  of  the  Massachusetts 
Volunteer  Militia.  The  authority  vested  in  the  President  of  the  United 
States,  or  in  the  Navy  Department,  or  in  the  Secretary  of  the  Navy,  by 
the  Regulations  for  the  government  of  the  United  States  Navy,  shall, 
for  the  purpose  of  applying  the  said  Regulations  to  the  government  of 
the  Naval  Militia,  be  vested  in  the  Commander-in-Chief  of  the  Mas¬ 
sachusetts  Volunteer  Militia. 

V.  Interpretation  of  Regulations. 

1.  Attention  is  directed  to  the  fact  that  military  law  and  regulations 
depend  upon  the  Constitution  of  the  United  States,  the  Acts  of  Congress, 
Regulations  for  the  United  States  Army  and  Navy,  orders  from  the  War 
and  Navy  Departments  of  the  United  States,  the  Constitution  of  the 
Commonwealth  of  Massachusetts,  the  acts  of  the  Legislature  of  Mas- 


104 


sachusetts,  and  Regulations,  General  Orders  and  Special  Orders  from 
The  Adjutant  General’s  Office  of  the  Commonwealth  of  Massachusetts. 

2.  On  account  of  the  number  of  sources  of  authority,  and  the  possible 
conflict  between  the  laws  and  orders  of  the  United  States  government 
with  those  of  the  Commonwealth,  officers  and  enlisted  men  should  use 
their  native  intelligence  and  judgment  in  carrying  out  regulations  and 
orders.  It  is  manifestly  impossible  to  provide  for  every  possible  con¬ 
tingency  or  for  every  minor  detail,  even  if  it  were  desirable. 

3.  It  is  desired  to  reduce  the  field  of  positive  orders  which  must  be 
literally  and  absolutely  carried  out,  and  to  increase  the  field  of  military 
instruction,  so  that  an  officer  or  enlisted  man  will  know  one  or  more  of 
the  best  ways  of  accomplishing  a  desired  object,  without  being  rigidly 
held  to  some  particular  form.  The  test,  especially  of  an  officer’s  capacity, 
will  be  his  ability  to  intelligently  carry  out  orders  or  instructions  without 
quibbling  over  forms,  rights  or  privileges. 

4.  It  is  expected  that  from  time  to  time  questions  will  arise  as  to  the 
interpretation  of  certain  regulations  of  the  regular  establishments  as 
applied  to  the  government  of  the  National  Guard  and  the  Naval  Militia. 
The  Regulations  for  the  United  States  Army  and  Navy  shall  be  liberally 
construed  to  the  end  that  an  attempt  be  made,  so  far  as  is  practicable, 
to  govern  the  militia  under  them,  so  that  the  government  and  instruction 
of  the  National  Guard  and  the  Naval  Militia  shall  approximate  as  nearly 
as  possible  that  of  the  United  States  Army  and  Navy.  Matters  of  im¬ 
portance  to  the  National  Guard  and  the  Naval  Militia,  which  are  of 
permanent  interest  to  the  whole  force,  or  are  to  be  constantly  observed, 
and  which  are  not  covered  by  this  order  or  in  relation  to  which  the  regula¬ 
tions  of  the  regular  establishments  are  not  applicable,  will  be  published 
from  time  to  time  from  The  Adjutant  General’s  Office.  Additional 
regulations  for  the  National  Guard  and  the  Naval  Militia,  or  modifica¬ 
tions  of  the  United  States  Army  and  Navy  Regulations,  are  herein  pro¬ 
mulgated. 

VI.  Election  of  Commissioned  Officers. 

In  accordance  with  section  45  of  chapter  604  of  the  Acts  of  1908,  per¬ 
manent  brigade  commanders,  also  the  permanent  commanding  officers  of 
the  coast  artillery  corps,  each  corps  of  cadets,  the  squadron  of  cavalry, 
the  battalion  of  field  artillery  and  the  naval  brigade  are  authorized  to 


105 


order  elections  in  their  respective  commands  whenever  vacancies  occur, 
provided  that  the  requirements  of  sections  46  and  47  of  said  chapter 
604  have  been  complied  with. 

VII.  Details  and  Assignments. 

1.  Any  officer  or  enlisted  man  may  be  detailed  or  assigned  to  do  duty 
with  commands,  or  in  departments  or  corps,  other  than  his  own.  by 
competent  authority. 

2.  As  to  subsistence  and  other  supplies,  an  officer  or  enlisted  man 
attached  for  duty  to  an  organization  other  than  his  own  is  to  be  con¬ 
sidered  a  part  of  the  organization  to  which  he  is  attached.  The  com¬ 
manding  officer  of  the  organization  to  which  he  is  attached  is  responsible 
to  see  that  he  is  properly  supplied,  disciplined  and  instructed. 

3.  For  all  duty  performed,  the  officer  or  enlisted  man  so  detailed  or 
’  assigned  will  be  accounted  for  on  the  returns  of  the  organization  to  which 

he  is  attached,  and  he  will  participate  in  all  duty  performed  by  such 
organization,  unless  expressly  excused  therefrom  by  the  commanding 
j  officer  of  such  organization  or  by  orders  from  the  Commander-in-Chief. 

4.  On  the  detail  or  assignment  of  an  enlisted  man  to  an  organization 
other  than  his  own,  the  commanding  officer  of  the  organization  to  which 
the  man  is  so  detailed  or  assigned  shall  be  furnished  with  descriptive 
lists  by  the  commanding  officer  of  the  organization  from  which  the  man 
is  so  detailed  or  assigned ;  and  the  commanding  officer  of  the  organiza¬ 
tion  to  which  the  man  is  so  detailed  or  assigned  will  give  to  the  officer 
who  is  accountable  for  the  military  property  taken  by  the  man  on  such 
detail  or  assignment,  a  receipt  for  such  property,  and  will  thereafter, 
during  the  continuance  of  the  detail  or  assignment,  and  until  properly 
relieved  of  accountability,  be  accountable  therefor. 

VIII.  Leaves  of  Absence  to  Officers. 

1.  No  officer  shall  absent  himself  from  his  command  for  a  period  of 
more  than  twenty  days  without  obtaining  a  leave  of  absence,  which  can 
be  granted  only  by  the  Commander-in-Chief. 

2.  When  troops  are  on  duty  under  sections  141,  142,  151,  152  and  160 
of  chapter  604  of  the  Acts  of  1908,  an  officer  shall  not  absent  himself  from 
his  command  for  any  period  without  obtaining  leave.  Under  these 


106 


circumstances  leaves  may  be  granted  by  the  highest  commander  on  duty 
with  the  troops. 

3.  Leaves  of  absence  will  be  granted  in  the  form  of  special  orders,  and 
no  officer  will  consider  himself  on  leave  until  he  shall  have  received  a  copy 
of  the  order  granting  the  same. 

4.  An  officer  returning  to  duty  from  a  leave  of  absence  must  report 
immediately,  in  writing,  through  superior  commanders,  to  the  officer 
by  whom  his  leave  was  granted,  and  forthwith  make  himself  acquainted 
with  all  orders  issued  during  his  absence. 

IX.  Furloughs  to  Enlisted  Men. 

1.  A  chief  of  a  staff  department,  or  the  commanding  officer  of  a  reg¬ 
iment  of  infantry,  the  coast  artillery  corps,  the  naval  brigade,  a  corps 
of  cadets,  the  squadron  of  cavalry,  the  battalion  of  field  artillery  and  the 
signal  corps  may  grant  furloughs  to  the  enlisted  men  of  their  respective  • 
organizations,  in  such  numbers,  and  for  so  long  a  time,  as  such  officer 
shall  deem  consistent  with  the  good  of  the  service.  Ordinarily,  however, 
except  in  cases  of  imperative  necessity,  no  furlough  shall  be  given  for 
more  than  six  months.  Officers  having  authority  to  grant  furloughs 
will  report  monthly  to  The  Adjutant  General  the  furloughs  granted, 
giving  the  name,  organization  and  duration  of  leave. 

2.  Applications  for  furloughs  will  be  made  in  writing,  and  forwarded 
through  channels,  and  will  bear  the  indorsement  of  the  approval  or  dis¬ 
approval  of  intermediate  commanding  officers. 

X.  Transfer  of  Enlisted  Men. 

1.  No  enlisted  man  shall  be  transferred  from  the  organization  in  which 
he  is  enlisted  or  to  which  he  has  been  previously  transferred  without  his 
consent,  nor  until  his  immediate  commanding  officer  has  been  given  an 
opportunity  to  express  an  opinion  upon  the  transfer,  and  the  commanding 
officer  of  the  organization  to  which  his  transfer  is  contemplated  has 
stated  that  the  man  is  eligible  for  admission  thereto. 

2.  Under  the  above  conditions  an  enlisted  man  may  be  transferred 
from  one  company  or  similar  unit  to  another  within  the  same  regiment 
or  organization  by  an  order  issued  by  the  commanding  officer  of  the 
latter. 


107 


3.  No  man  shall  be  transferred  from  the  Naval  Militia  to  the  Na¬ 
tional  Guard,  or  vice  versa,  or  from  one  staff  department,  regiment,  coast 
artillery  corps,  corps  of  cadets,  squadron,  battalion  of  field  artillery  or 
signal  corps,  to  another  staff  department,  regiment,  coast  artillery  corps, 
corps  of  cadets,  squadron,  battalion  of  field  artillery  or  signal  corps, 
except  by  order  of  the  Commander-in-Chief. 

4.  A  transfer  will  take  effect  on  the  day  of  the  receipt  of  the  order  by 
the  commanding  officer  of  the  company  or  unit  with  which  the  enlisted 
man  is  serving,  and  such  commanding  officer  will  forthwith  forward  a 
copy  of  the  muster  and  descriptive  card  of  the  man  direct  to  The  Ad¬ 
jutant  General,  said  copy  to  have  indorsed  thereon  the  date  of  the  trans¬ 
fer,  i.e.,  the  date  of  the  receipt  of  the  transfer  order  by  such  commanding 
officer.  The  Adjutant  General,  on  the  receipt  and  verification  of  said 
copy,  will  cause  additional  copies  of  said  card,  each  bearing  the  date  of 
transfer,  to  be  transmitted  to  each  of  the  commanding  officers  of  the 
regiments,  organizations  or  companies  involved,  with  the  exception  of 
the  company  or  similar  unit  from  which  the  man  was  so  transferred. 

*•*.  ..> 

XI.  Flags,  Colors,  Standards  and  Guidons. 

1.  The  flag  of  the  Commander-in-Chief  shall  be  of  scarlet  bunting  with 
the  official  coat  of  arms  of  the  Commonwealth  of  suitable  size  in  the 
center,  and  shall  be  6  feet  8  inches  hoist  and  12  feet  fly.  As  a  boat  flag, 
for  the  use  of  the  Commander-in-Chief  when  making  official  visits  to 
navy  vessels,  it  shall  be  3  feet  hoist  and  4  feet  9  inches  fly. 

2.  The  colors  of  the  Commander-in-Chief  shall  be  of  scarlet  silk,  5 
feet  6  inches  fly,  4  feet  4  inches  on  the  pike,  which  shall  be  9  feet  long, 
including  ferrule  and  spear-head.  In  the  center  shall  be  placed,  in  colors, 
the  official  coat  of  arms  of  the  Commonwealth;  the  coat  of  arms  to  be 
embroidered  in  silk  on  both  sides  of  the  color;  the  edges  to  be  trimmed 
with  knotted  fringe  of  white  silk  3  inches  wide;  the  cord  8  feet  6  inches 
long,  having  two  tassels,  and  composed  of  white  and  scarlet  strands. 

3.  Each  brigade  of  infantry  shall  have  a  color  as  prescribed  by  the  War 
Department  for  the  brigade  in  the  division  to  which  each  is  assigned. 

4.  Each  regiment  of  infantry,  the  coast  artillery  corps,  the  naval  bri¬ 
gade  and  each  corps  of  cadets  shall  have  two  silken  colors.  The  national 
color  of  each  shall  be  as  prescribed  for  a  regiment  of  infantry,  in  the 
Regulations  for  the  Army  of  the  United  States,  with  the  exception  that  the 


108 


official  designation  of  the  organization  shall  be  placed  on  the  prescribed 
silver  band.  The  second,  or  State  color,  of  each  regiment  of  infantry, 
the  coast  artillery  corps,  the  naval  brigade  and  each  corps  of  cadets  shall 
be  as  prescribed  in  chapter  229,  Acts  of  1908,  with  the  name  of  the  organ¬ 
ization  in  the  scroll  under  the  pine  tree  shield;  and  shall  conform  to  the 
dimensions  prescribed  for  the  national  color. 

5.  The  squadron  of  cavalry  and  the  battalion  of  field  artillery  shall 
each  have  two  silken  standards.  The  national  standard  of  each  shall  be 
as  prescribed  for  a  regiment  of  cavalry  or  field  artillery  in  the  Regulations 
for  the  Army  of  the  United  States,  with  the  exception  that  the  official 
designation  of  the  squadron  or  battalion  shall  be  placed  on  the  prescribed 
silver  band.  The  second,  or  State  standard,  of  the  squadron  and  battalion 
shall  be  as  prescribed  in  chapter  229,  Acts  of  1908,  with  the  name  of  the 
organization  in  the  scroll  under  the  pine  tree  shield;  and  shall  conform 
to  the  dimensions  prescribed  for  the  national  standard. 

6.  A  national  color  of  bunting  or  other  suitable  material,  but  in  all  other 
respects  similar  to  the  silken  national  color,  shall  be  furnished  each  regi¬ 
ment  of  infantry,  the  coast  artillery  corps,  the  naval  brigade  and  each 
corps  of  cadets  for  use  at  drills  and  on  marches,  and  on  all  service  other 
than  battles,  campaigns  and  occasions  of  ceremony.  A  national  standard 
of  bunting,  of  the  same  dimensions  and  similar  to  the  silken  national 
standard,  shall  be  furnished,  for  like  purposes,  to  the  squadron  of  cavalry 
and  to  the  battalion  of  field  artillery,  the  official  designation  of  the  organ¬ 
ization  to  be  engraved  on  a  silver  band  placed  on  the  pike  or  lance. 

7.  Each  troop  of  cavalry  and  each  battery  of  field  artillery  shall  have 
two  guidons,  as  prescribed  in  the  Regulations  for  the  Army  of  the  United 
States,  i.e.,  a  silken  and  a  service  guidon.  In  place  of  the  regimental 
number  it  shall  have  the  number  of  the  squadron  or  battalion. 

8.  For  the  purpose  of  recognizing  the  service  in  the  war  with  Spain 
of  the  militia  organizations  of  this  Commonwealth,  the  following  is  pre¬ 
scribed  for  each  regiment  of  infantry,  the  coast  artillery  corps  and  the 
naval  brigade:  two  streamers  shall  be  attached  to  the  top  of  the  pike  of 
the  State  color,  streamers  to  be  3|  inches  wide  and  4  feet  long,  one  streamer 
to  be  red,  wfith  the  name  of  the  volunteer  organization  embroidered  there¬ 
on  in  yellow  letters,  and  one  of  yellow,  containing  the  words  “War  with 
Spain”  and  the  engagements  in  which  the  organization  participated  in 
red  letters. 


109 


9.  The  tricolor  streamer  awarded  to  the  organization  'winning  the  annual 
State  rifle  match  will  be  attached  to  the  top  of  the  pike  of  the  State  color. 

10.  No  ensign,  pennon,  streamer  or  other  banner  of  any  kind,  other 
than  the  flags,  colors,  standards,  guidons  and  streamers  herein  prescribed 
or  hereafter  authorized  by  the  Commander-in-Chief,  will  be  used  by  any 
organization  of  the  Massachusetts  Volunteer  Militia,  except  such  as  may 
be  prescribed  in  addition  thereto  by  the  Regulations  of  the  Army  or  Navy 
of  the  United  States. 

XII.  Organizations  of  the  Massachusetts  Volunteer  Militia. 

1.  Company  without  Officers .  —  In  the  absence  of  all  the  officers  of  a 
troop,  battery  or  company,  the  commanding  officer  of  the  organization 
of  which  the  troop,  battery  or  company  is  a  part  will  assign  an  officer  to  its 
command.  If  there  be  no  officer  available,  the  fact  will  be  reported  by 

*  such  commanding  officer  to  his  immediate  superior  commander,  who 
will  assign  an  officer  to  its  command. 

2.  Warrants  of  Noncommissioned  and  Petty  Officers.  —  A  warrant  of  a 
noncommissioned  or  petty  officer  may  be  continued  in  force  by  the  officer 
making  the  appointment,  upon  the  discharge  and  re-enlistment  of  the 
noncommissioned  or  petty  officer,  if  re-enlistment  be  made  within  thirty 
days  following  the  discharge.  Every  re-enlistment  and  continuance 
shall  be  noted  on  the  warrant  by  the  officer  mustering  in  the  enlisted 
man. 

3.  Enlistment  Book.  —  An  enlistment  book  shall  be  kept  by  each  officer 
designated  by  law  as  a  recruiting  officer.  Each  recruit  must  sign  the 
enlistment  roll  printed  in  this  book  before  being  mustered  in. 

4.  Muster  and  Descriptive  Cards.  —  (a)  The  chiefs  of  staff  departments, 
commanding  officers  of  regiments,  the  coast  artillery  corps,  battalion  of 
field  artillery,  squadron  of  cavalry,  naval  brigade,  corps  of  cadets,  signal 
corps,  hospital  corps,  troops,  batteries  and  companies  will  prepare  a 
muster  and  descriptive  card  for  each  enlisted  man  whom  they  muster  in. 
This  card,  except  signatures,  should  be  typewritten,  and  forwarded 
immediately  after  muster  in  to  The  Adjutant  General,  who  will  make 
and  forward  one  copy  to  the  officer  mustering  in  the  man;  and  if  the  card 
is  from  a  troop,  battery  or  company  officer,  The  Adjutant  General  will 
make  and  forward  one  copy  to  the  commanding  officer  of  the  squadron, 


110 


battalion  of  field  artillery,  regiment,  coast  artillery  corps  or  naval  brigade, 
of  which  the  troop,  battery  or  company  is  a  part;  and  if  the  card  is  from 
an  officer  of  the  hospital  corps,  The  Adjutant  General  will  forward  one 
copy  to  the  chief  of  the  medical  department. 

(6)  The  chief  of  each  staff  department,  and  the  commanding  officer 
of  each  regiment,  the  coast  artillery  corps,  the  naval  brigade,  the  battalion 
of  field  artillery,  the  squadron  of  cavalry,  each  corps  of  cadets,  the  hospital 
corps  and  the  signal  corps,  each  troop,  battery  and  company  commander, 
shall  retain,  in  an  index  file,  the  copies  of  all  muster  and  descriptive  cards 
received  from  The  Adjutant  General.  This  card  index  file  should  show 
at  all  times  the  exact  roll  of  the  enlisted  men  in  the  organization,  and 
whenever,  by  reason  of  discharge,  death  or  transfer,  an  enlisted  man  is 
removed  from  the  organization,  a  memorandum  of  such  removal  should 
be  made  on  his  card,  and  the  card  removed  from  the  file,  and  such  removed 
cards  should  be  kept  in  a  separate  file. 

5.  Alarm  Lists.  —  The  commanding  officer  of  each  troop,  battery,  * 
company  or  similar  unit  will  prepare  and  keep  on  hand  alarm  lists  cover¬ 
ing  every  member  of  his  command,  showing  thereon  residence  and  place 
of  business,  together  with  the  number  of  the  nearest  telephone  to  each.  , 
Such  lists  will  be  prepared  in  quadruplicate,  and  will  at  all  times  be  cor¬ 
rected  to  date.  One  list  will  be  kept  in  the  company  quarters  in  a  place 
always  accessible;  one  will  be  kept  by  the  armorer  of  the  armory  where 
the  organization  is  stationed;  and  one  list  will  be  kept  by  each  of  two 
members  of  the  organization  who  can  be  most  easily  reached  by  telephone, 
either  by  day  or  night.  Such  members  shall  be  specially  assigned  to  the 
duty  of  correcting  such  lists,  and  in  case  of  emergency  it  will  be  their  duty 
to  use  such  lists  in  the  most  expeditious  manner  for  the  purpose  of  assem¬ 
bling  the  organization.  The  names,  addresses  and  telephone  numbers 
of  such  two  members  shall  be  reported  to  The  Adjutant  General,  and  any 
change  therein  shall  be  forthwith  reported.  If  it  can  be  avoided,  the 
armory  telephone  should  not  be  used  in  assembling  the  organization, 
but  should  be  left  free  for  outside  calls.  Armorers  of  State  armories  are 
charged  with  the  duty  of  keeping  their  alarm  lists  corrected  at  all  times. 

6.  Monthly  Drill  Reports.  —  Monthly  reports  of  the  attendance  of 
officers  and  enlisted  men  at  drills  and  other  ordered  duty  will  be  sub¬ 
mitted  on  suitable  forms  by  the  commanding  officer  of  a  company  or 
similar  organization,  or  of  a  detachment,  to  the  senior  officer  at  the  appro- 


Ill 


priate  headquarters.  These  reports  will  be  consolidated,  and,  together 
with  a  report  of  the  headquarters,  officers  and  men,  will  be  forwarded 
direct  to  The  Adjutant  General. 

7.  Officers  subsisting  from  Mess  for  Enlisted  Men.  —  All  commissioned 
officers  on  duty  with  troops  in  the  field,  in  camp  or  otherwise,  if  subsisting 
from  a  mess  for  enlisted  men  on  the  straight  ration  identical  with  the  men, 
will  pay  at  least  45  cents  per  day  into  the  company  or  other  similar  fund, 
and  if  living  on  extras  in  addition  to  the  straight  ration,  they  will  pay 
the  full  value  of  such  extras  into  such  fund. 

8.  Funds  and  Councils  of  Administration.  —  (a)  The  funds  of  an  organ¬ 
ization  of  the  National  Guard  shall  consist  of  the  gross  amounts  of  money 
received  from  all  sources  for  and  in  behalf  of  the  organization  or  its  mem¬ 
bers,  and  such  funds  shall  be  administered  in  the  manner  prescribed  for 
like  organizations  in  the  Regulations  for  the  Army  of  the  United  States, 
or  as  prescribed  by  the  laws  of  the  Commonwealth.  The  funds  of  the 

"  coast  artillery  corps,  the  squadron  of  cavalry  and  the  battalion  of  field 
artillery  shall  be  administered  as  provided  for  a  regimental  fund  in  the 
Regulations  for  the  Army  of  the  United  States,  or  as  prescribed  by  the 
„  laws  of  the  Commonwealth.  The  funds  of  each  corps  of  cadets  may  be 
administered  as  provided  for  a  regimental  fund  in  the  Regulations  for  the 
Army  of  the  United  States,  or  as  prescribed  by  the  laws  of  the  Common¬ 
wealth  ;  or  a  corps  of  cadets  may,  by  a  council  of  the  commissioned  officers 
of  such  corps  of  cadets,  adopt  by-laws  which  shall  set  forth  the  manner 
of  administering  the  funds  of  such  corps;  and,  on  the  approval  of  such 
by-laws  by  the  Commander-in-Chief,  they  shall  have  the  force  of  regula¬ 
tions  for  such  corps  of  cadets. 

(b)  The  senior  commanding  officer  of  the  organizations  of  the  National 
Guard  or  Naval  Militia  that  may  be  quartered  in  one  armory  may  appoint 
a  post  council  of  administration.  Such  post  council  of  administration 
shall  be  appointed  and  governed  as  prescribed  for  post  councils  in  the 
Regulations  for  the  Army  of  the  United  States.  Such  senior  officer  upon 
appointing  a  post  council  shall  designate  one  of  its  members  as  post 
treasurer. 

(c)  The  funds  of  the  naval  brigade  and  its  several  companies  and  divi¬ 
sions  shall  consist  of  the  gross  amounts  of  money  received  from  all  sources 
for  and  in  behalf  of  such  brigade,  company  or  division,  or  its  members. 
As  the  Regulations  for  the  government  of  the  United  States  Navy  do  not 


112 


prescribe  methods  for  the  administration  of  the  funds  of  the  naval  brigade 
or  of  the  several  companies  and  divisions  of  the  naval  brigade,  it  is  hereby 
prescribed  that  the  naval  brigade,  by  a  council  of  the  commissioned 
officers  of  such  brigade,  and  each  company  and  division  of  such  brigade, 
shall  adopt  by-laws  which  shall  set  forth  the  manner  of  administering 
the  funds  of  the  naval  brigade,  and  of  its  several  companies  and  divisions. 
On  the  approval  of  such  by-laws  by  the  Commander-in-Chief,  they  shall 
have  the  force  of  regulations  for  the  naval  brigade. 

9.  Rendezvous  Drills.  —  (a)  The  commanding  officer  of  each  infantry 
regiment,  the  coast  artillery  corps,  the  naval  brigade,  each  corps  of  cadets, 
the  squadron  of  cavalry,  the  battalion  of  field  artillery,  the  hospital  corps 
and  the  signal  corps  are  authorized  to  call  the  following  number  of  rendez¬ 
vous  drills  each  year,  during  the  periods  stated,  for  each  company,  troop, 
battery  and  hospital  corps  detachment  of  his  command:  three,  from 
October  31  to  February  1;  three,  from  January  31  to  June  1;  and  four, 
from  May  31  to  November  1.  Such  commanding  officer  will  issue  his 
order  for  a  rendezvous  drill,  and  send  a  copy  of  such  order  to  The  Adjutant 
General,  at  least  five  days  prior  to  the  date  of  the  drill. 

(b)  While  the  utmost  latitude  is  allowed  commanding  officers  with 
regard  to  the  purpose  of  and  manner  of  conducting  such  drills,  attention 
is  directed  to  the  fact  that  one  and  one-half  hours  of  actual  drill  (not  school 
of  instruction)  must  be  performed.  The  holding  of  such  drills  as  acces¬ 
sories  to  dances  or  other  entertainments,  or  for  the  purpose  of  insuring 
a  large  attendance  at  parades  or  similar  functions,  is  disapproved. 

(c)  To  receive  pay  for  a  rendezvous  drill  it  is  required  that  three-fourths 
of  the  authorized  enlisted  strength  of  an  organization  must  be  present 
and  under  orders  at  the  same  time,  and  that  each  man  must  be  in  uniform, 
and  must  perform  at  least  one  and  one-half  hours’  drill.  Each  man  pres¬ 
ent  must  actually  drill,  unless  excused  upon  a  physician’s  certificate, 
in  which  case  he  must  be  in  uniform  and  receiving  instruction  of  some  kind. 
It  is  not  necessary  that  three-fourths  of  an  organization  should  be  drilling 
on  the  armory  floor,  as  detachments  may  be  on  duty  in  any  part  of  an  ar¬ 
mory,  or,  if  under  the  immediate  orders  and  control  of  the  commanding 
officer  of  the  organization,  detachments  may  be  outside  of  the  armory 
or  even  at  distant  points,  whenever  necessary  to  carry  out  suitable  in¬ 
struction. 

(d)  Commanding  officers  will  attend,  or  direct  one  of  their  staff  officers 


113 


or  field  officers  (or  officers  of  relative  naval  rank)  to  attend,  every  rendez¬ 
vous  drill  of  an  organization  in  their  command.  Such  officer  will  attend 
in  uniform,  and  will  certify  the  attendance  at  the  drill. 

( e )  Returns  of  attendance  at  rendezvous  drills,  with  the  signatures  of 
all  men  present,  must  be  forwarded,  through  channels,  to  The  Adjutant 
General  within  twenty-four  hours  after  the  termination  of  the  drill. 

XIII.  Military  Education. 

The  Service  Schools,  M.  V.  M.,  have  been  established  for  the  instruc¬ 
tion  of  the  officers  and  enlisted  men  of  the  Massachusetts  Volunteer 
Militia.  The  Adjutant  General  shall  be  commandant  of  the  Service 
Schools,  M.  V.  M.  He  shall  appoint  an  Academic  Board  of  Instruction, 
to  consist  of  not  more  than  seven  commissioned  officers,  to  assist 
him  in  laying  out  and  supervising  the  instruction  work  of  all  branches 
of  the  Massachusetts  Volunteer  Militia. 

XIV.  Accountability  and  Responsibility  for  Public  Property. 

1.  Bond  of  Accountable  Officer.  —  (a)  The  law  prescribes  that  any 
officer  to  whom  any  public  property  is  at  any  time  issued  may  be  required 
to  give  a  bond.  It  is  hereby  prescribed  that  any  officer  accountable  for 
such  property  shall  give  such  bond. 

(6)  Upon  an  accountable  officer  tendering  his  resignation,  or  applying 
to  be  placed  upon  the  retired  list,  he  will  turn  over  all  public  property  for 
which  he  is  accountable  to  his  next  immediate  superior  commanding 
officer,  or  to  the  chief  of  his  department  or  staff  corps;  except  in  the 
case  of  the  chief  of  a  department  or  staff  corps,  the  chief  of  the  coast 
artillery  corps,  and  the  commanding  officer  of  a  brigade  of  infantry,  the 
naval  brigade,  a  regiment  of  infantry,  a  corps  of  cadets,  the  battalion  of 
field  artillery,  the  squadron  of  cavalry  and  the  signal  corps,  who  shall 
turn  over  such  property  to  the  Quartermaster  General. 

(c)  Such  accountable  officer  will  forward  with  his  tender  of  resignation 
or  application  to  be  placed  upon  the  retired  list  a  full  return  of  all  such 
property  for  which  he  is  accountable,  in  such  form  as  may  be  prescribed, 
with  the  receipt  of  the  officer  to  whom  he  has  turned  over  such  property 
in  accordance  with  the  preceding  section. 


114 


(d)  Officers  who  are  herein  designated  to  receive  such  property  may 
personally  inspect,  verify  and  receipt  for  such  property,  or  they  may 
detail  a  subordinate  officer  to  make  such  inspection  and  verification, 
and  on  the  report  of  such  subordinate  the  officer  making  the  detail  shall 
give  his  receipt  to  the  accountable  officer  for  the  property  turned  over. 
Officers  making  such  inspection  and  verification  will  be  allowed  special 
duty  pay  and  mileage. 

(e)  The  officer  immediately  succeeding  such  discharged  or  retired 
officer,  and  in  whose  care  such  property  would  ordinarily  be  placed, 
may  be  bonded,  and  the  officer  herein  designated  to  receive  such  property 
may  invoice  and  turn  such  property  over  to  such  immediate  successor  of 
said  discharged  or  retired  officer  if  bonded. 

2.  Marking  of  Public  Property.  —  Public  property  issued  to  an  organiza¬ 
tion  of  the  National  Guard  shall  be  marked  as  prescribed  in  the  Regula¬ 
tions  for  the  Army  of  the  United  States,  with  the  addition  of  the  abbrevia¬ 
tion  “MASS.” 

3.  Keeping  Record  of  Public  Property.  —  All  officers  accountable  for 
public  property  must  keep  a  record  of  same  on  the  property  book  or 
property  cards  furnished  for  that  purpose,  and  such  record  must  show 
at  all  times  the  exact  quantity  of  public  property  for  which  said  officer 
is  responsible. 

4.  Dropping  Allowance  for  Clothing  and  Equipment.  —  Articles  dropped 
from  property  accounts  under  the  dropping  allowance  for  clothing  or 
equipment  heretofore  or  hereafter  authorized  are  not  to  be  sold  or  given 
away,  but  are  to  be  kept  as  the  property  of  the  organization  to  which 
the  accountable  officer  is  attached.  The  necessity  for  specifically  account¬ 
ing  therefor  to  the  Commonwealth  of  Massachusetts  or  to  the  United 
States  is,  however,  dispensed  with.  Such  articles  should  be  held  as  a 
surplus,  so  that  at  all  times  organizations  shall  be  ready  to  take  the  field 
duly  equipped  at  their  maximum  strength.  Such  articles,  if  specially 
authorized  by  The  Adjutant  General,  may  be  hereafter  exchanged  for 
the  same  or  a  smaller  quantity  of  clothing  or  equipment. 

5.  Losses  of  Property.  —  (a)  Certificates  of  loss  will  not  be  submitted 
except  in  case  the  cause  of  the  loss  was  absolutely  beyond  the  control  of 
the  officer  or  man  responsible  for  the  property  lost.  Articles  lost  by  an 
officer  or  man  should  either  be  replaced  and  paid  for  by  him;  be  replaced 
and  paid  for  by  withholding  any  pay  due  him;  or  be  replaced  and  paid 


115 


for  from  the  funds  of  the  organization  to  which  the  officer  or  man  is 
attached,  if  funds  are  available  for  such  purpose. 

(6)  Public  property  lost  through  the  carelessness  or  neglect  of  an 
officer  or  man  shall  be  replaced  by  the  officer  accountable  for  such  prop¬ 
erty  by  purchase  through  the  Quartermaster  General  before  such  account¬ 
able  officer  renders  the  property  return  required  by  law. 

(c)  Responsible  officers  are  authorized  to  retain  from  any  pay  due  an 
enlisted  man  the  money  value  of  any  property  lost,  destroyed  or  damaged 
by  such  man,  through  his  carelessness  or  neglect,  and  apply  the  amount 
thus  retained  to  the  purchase  or  the  repair  of  such  property. 

6.  Uniforms  for  Recruits .  —  As  far  as  is  practicable  recruits  in  the 
National  Guard  should  be  equipped  with  new  shoes,  shirts,  campaign 
hats  and  breeches.  The  listed  value  of  such  articles  is  approximately 
$7.50,  and  the  individual  soldier  will  be  held  to  be  indebted  to  his  or¬ 
ganization  for  such  articles  to  the  extent  of  $7.50  during  the  first  year 
of  his  enlistment,  $5  during  the  second  year,  and  $2.50  during  the  third 
year,  until  the  expiration  of  the  third  year,  when  his  liability  ceases. 

.  XV.  Military  Correspondence. 

1.  The  orders  of  the  War  Department  prescribing  the  methods  of  con¬ 
ducting  correspondence  in  the  Army  of  the  United  States  shall  be  followed 
by  the  National  Guard. 

2.  The  orders  of  the  Navy  Department  prescribing  the  methods  of 
conducting  correspondence  in  the  Navy  of  the  United  States  shall  be 
followed  by  the  Naval  Militia. 

XVI.  War  Recruiting  System  for  the  National  Guard. 

1.  The  officer  of  the  ordnance  department  attached  to  each  brigade  of 
infantry,  each  regiment  of  infantry,  the  coast  artillery  corps,  each  corps 
of  cadets  and  the  squadron  of  cavalry,  as  inspector  of  small  arms 
practice,  under  the  direction  of  the  chief  of  ordnance,  who  is  hereby 
appointed  chief  permanent  recruiting  officer,  is  hereby  designated  as  the 
permanent  recruiting  officer  for  war  for  the  organization  to  which  he  is 
attached. 

2.  The  commanding  officer  of  each  troop,  battery  and  company  will 
designate  the  junior  officer  of  his  command  to  act  as  local  recruiting 
officer. 


116 


3.  Each  permanent  and  local  recruiting  officer  will  keep  himself  in¬ 
formed  as  to  all  the  requirements  of  his  office  as  prescribed  in  the  law, 
regulations  and  orders. 

4.  Whenever  a  troop,  battery  or  company  is  called  into  the  service  of 
the  United  States,  its  local  recruiting  officer  will  at  once  take  measures 
to  recruit  such  organization  to  war  strength,  upon  the  receipt  of  proper 
orders  from  The  Adjutant  General. 

5.  Whenever  a  troop,  battery  or  company  is  ordered  to  the  State 
mobilization  camp,  preparatory  to  entering  the  service  of  the  United 
States,  its  local  recruiting  officer,  with  a  suitable  detail  of  enlisted  men, 
will  remain  at  the  local  headquarters,  and  continue  recruiting,  forwarding 
all  recruits  to  the  State  mobilization  camp. 

6.  Before  a  troop,  battery  or  company  of  the  National  Guard  in  the 
service  of  the  United  States  leaves  its  mobilization  camp  for  active  service, 
the  local  recruiting  officer,  with  recruiting  party,  will  rejoin  the  organiza¬ 
tion. 

7.  Whenever  a  regiment,  the  coast  artillery  corps,  a  corps  of  cadets 
or  the  squadron  of  cavalry  enters  the  service  of  the  United  States,  the 
permanent  recruiting  officer  of  such  organization  will  establish  a  recruit¬ 
ing  party  to  recruit  for  such  organization  during  the  continuance  of  the 
war,  at  the  local  headquarters  of  the  organization. 

8.  In  time  of  war  or  insurrection,  a  general  recruiting  party,  under 
the  personal  direction  of  the  chief  of  ordnance,  assisted  by  the  ordnance 
officers  attached  to  each  brigade  of  infantry,  and  such  other  officers  as 
may  be  designated,  will  be  maintained  at  the  mobilization  camp  of  Mas¬ 
sachusetts,  for  the  purpose  of  receiving  from  permanent  recruiting  officers 
throughout  the  Commonwealth  all  recruits,  who  will  be  thoroughly 
examined  physically,  fully  armed  and  equipped,  and  instructed  in  their 
duties,  as  far  as  time  will  permit,  at  such  mobilization  camp,  before 
being  forwarded  to  their  respective  organizations. 

9.  Ordnance  officers  will  be  mustered  into  the  service  of  the  United 
States  with  the  organization  to  which  they  are  assigned,  and  will  be 
detached  for  recruiting  work.  The  enlisted  personnel  of  a  recruiting  party 
of  an  organization  will  be  mustered  into  the  service  of  the  United  States 
and  perform  recruiting  duty  as  detached  service. 


117 


XVII.  Inspector  General’s  Department. 

1.  All  organizations  shall  be  inspected  in  their  armories  or  quarters  at 
least  once  in  each  year  by  an  officer  of  the  inspector  general’s  department. 

2.  An  inspector  general  assigned  to  inspect  an  organization  shall  be  a 
surveying  officer,  as  provided  for  in  section  116  of  chapter  604  of  the 
Acts  of  1908,  for  the  organization  to  which  assigned. 

3.  Officers  will  prepare  and  sign  in  triplicate,  on  blank  forms  provided 
for  the  purpose,  inventories  of  public  property  requiring  inspection,  and 
present  them,  with  the  property,  to  the  inspector  general  at  the  time  of 
his  visit. 

4.  (a)  The  inspectors  will  exercise  great  care  in  examining  property 
thus  submitted  to  them,  and  in  making  recommendations  regarding  its 
disposition. 

( b )  Articles  “to  be  continued  in  service”  are  such  as  are  still  serviceable. 

(c)  Those  “to  be  dropped”  from  the  returns  are  such  as  have  become 
so  deteriorated  or  infected  as  to  endanger  health  or  injure  other  stores, 
or  as  are  not  worth  cost  of  transportation  to  an  arsenal  or  depot  for  re¬ 
pair  or  sale. 

( d )  Those  “to  be  turned  into  arsenal”  are  such  as  cannot  be  repaired 
by  the  responsible  officer  and  are  worth  cost  of  transportation. 

5.  Inspectors  will  report  on  each  item  of  the  inventories  presented  to 
them  and  make  recommendations  as  indicated  above,  and  will  forward 
such  inventories,  with  their  recommendations,  to  The  Adjutant  General, 
through  the  inspector  general.  The  action  of  the  Commander-in-Chief 
on  such  recommendations  will  be  indorsed  on  such  inventories,  one  copy 
to  be  then  forwarded  to  the  Quartermaster  General  and  two  copies  re¬ 
turned  to  the  officer  preparing  such  inventories,  who  wdll  take  action  as 
indicated  by  indorsement  of  the  Commander-in-Chief,  and  if  directed 
therein  to  drop  any  property  will  file  such  inventories  with  his  property 
vouchers,  and  enter  the  account  of  the  items  dropped  on  his  property 
book  or  cards,  forwarding  one  copy  with  his  property  return  to  the  Quarter¬ 
master  General. 


118 


XVIII.  Quartermaster’s  Department  —  Armories. 

1.  Each  armory  occupied  by  the  militia,  and  all  public  property  therein, 
shall  be  in  immediate  charge  of  an  officer  of  the  militia,  who  shall  be  en¬ 
titled  the  custodian,  and  its  use  shall  be  in  accordance  with  rules  issued 
through  such  custodian.  The  custodian  will  ordinarily  be  the  senior 
officer  of  the  line  quartered  in  the  armory,  whose  residence  or  place  of 
business  is  in  or  near  the  city  or  town  in  wffiich  the  armory  is  located. 

2.  In  each  armory  of  the  first  class  there  shall  be  an  armorer,  who 
shall  be  under  the  immediate  direction  of  the  custodian,  and  who  shall 
be  rated  as  a  civilian  employee  in  the  quartermaster’s  department,  or 
as  a  post  quartermaster  sergeant. 

3.  Armorers  are  not  regarded  as  merely  laborers,  but  as  trusted  em¬ 
ployees  of  the  Commonwealth,  whose  business  it  is  to  care  for  property 
belonging  to  the  Commonwealth  or  to  the  United  States,  wdiether  real 
or  personal. 

4.  Custodians  and  armorers  shall  submit  monthly  reports  of  the  uses 
and  condition  of  armories  and  of  public  property  therein. 

5.  Armories  owned  or  rented  by  the  Commonwealth  are  for  the  benefit 
of  the  Organized  Militia,  and  it  is  intended  that  the  utmost  latitude,  con¬ 
sidering  local  conditions,  shall  be  allowed  in  the  use  thereof  by  troops 
quartered  therein,  provided  that  there  shall  be  no  unusual  or  unnecessary 
wear  and  tear,  or  increase  in  the  normal  expenses  of  maintenance. 

6.  Armories  may  also  be  rented  for  certain  public  purposes  authorized 
by  law,  and  by  the  interpretation  thereof,  on  application  through  the 
custodian  to  The  Adjutant  General. 

XIX.  Pay  Department. 

1.  Returns  for  Pay  and  Allowances.  —  The  commanding  officer  of  an 
organization  or  detachment,  or  the  senior  officer  of  any  board,  present  at 
a  duly  authorized  meeting,  is  charged  with  the  duty  of  submitting  as 
soon  as  possible,  on  the  proper  form,  to  The  Adjutant  General,  through 
channels  or  otherwise,  according  to  circumstances,  a  statement  of  the 
names,  residences,  travel  and  other  facts  necessary  to  compute  pay  and 
allowances.  Upon  receipt  of  such  information  by  an  officer  authorized 
to  pay  troops,  he  will  compute  the  amount  due,  and  see  that  it  is  paid  as 


119 


soon  as  possible.  When  an  officer  authorized  to  pay  troops  is  assigned  to 
duty  with  an  organization,  the  above  procedure  will  be  modified  by  the 
commanding  officer  thereof  in  such  manner  as  may  be  necessary. 

2.  Mounted  Pay.  —  ( a )  The  following  officers  and  enlisted  men  are 
entitled  to  be  mounted:  general,  field  and  staff  officers;  officers  of  the 
corps  and  departments;  officers  and  enlisted  men  of  cavalry;  4  officers 
and  81  enlisted  men  of  the  signal  corps;  veterinarians;  officers,  sergeants, 
caisson  corporals,  guidon  corporals,  musicians  and  drivers  of  field  ar¬ 
tillery;  officers  and  men  attached  or  detailed  to  the  headquarters  of  a 
brigade  of  infantry;  the  sergeant  major,  the  quartermaster  sergeant,  the 
battalion  sergeants  major,  the  chief  bugler,  and  an  orderly  for  the  com¬ 
manding  officer,  in  each  regiment  of  infantry;  and  the  sergeant  major 
and  an  orderly  for  the  commanding  officer,  in  each  corps  of  cadets. 

(6)  The  following  enlisted  men  of  the  medical  department  are  entitled 
to  be  mounted:  to  each  headquarters  of  a  brigade  of  infantry,  one  ser¬ 
geant,  and  one  private  first  class  as  orderly;  to  each  regiment  of  infantry, 
one  sergeant  first  class,  two  sergeants,  and  four  privates  first  class  as 
orderlies;  to  each  corps  of  cadets,  one  sergeant,  and  one  private  first  class 
as  orderly;  to  the  squadron  of  cavalry,  one  sergeant,  two  privates  first 
class,  and  one  private;  to  the  battalion  of  field  artillery,  one  sergeant, 
two  privates  first  class,  and  one  private;  to  the  signal  corps,  one  sergeant, 
and  one  private  first  class  as  orderly;  and  to  the  ambulance  company, 
one  sergeant  first  class,  seven  sergeants,  two  privates  first  class  as  order¬ 
lies,  and  one  private  first  class  as  musician. 

(c)  The  field  artillery  shall  be  allowed  six  draft  horses  to  each  piece 
or  caisson.  Draft  horses  for  wagons  will  be  in  such  numbers  as  The 
Adjutant  General  may  in  each  case  direct. 

XX.  Uniform. 

1.  The  Regulations  of  the  Army  of  the  United  States  as  to  uniform, 
which  are  not  modified  by  this  order,  shall  be  followed  by  the  National 
Guard  in  so  far  as  they  are  applicable. 

2.  The  Organized  Militia  is  authorized  to  continue  in  use,  until  un¬ 
serviceable,  articles  of  uniform  for  officers  and  men  which  were  authorized 
for  the  Regular  Army  prior  to  December  26,  1911.  Under  this  authority 
it  is  not  compulsory  for  the  officers  of  the  National  Guard  to  conform  to 


120 


the  new  pattern  of  uniform  as  prescribed  by  paragraph  2,  General  Orders, 
No.  89,  War  Department,  1911.  It  is  advisable,  however,  that  when 
officers  purchase  or  are  supplied  with  new  uniforms,  they  conform  to  the 
new  pattern. 

3.  The  uniform  for  the  naval  brigade  shall  conform  to  the  bill  of  dress 
of  the  United  States  Navy,  as  set  forth  in  “Uniform  Regulations  for 
Naval  Militia,”  Navy  Department  Publication,  No.  5,  July  1,  1910,  and 
General  Orders,  No.  201,  Navy  Department,  July  18,  1912,  except  that 
special  full  dress  and  evening  dress  are  not  required. 

4.  The  members  of  each  corps  of  cadets  may  continue  to  wear  their 
distinctive  uniforms. 

5.  The  “long-service  medals”  and  “service-in-war  clasps,”  together 
with  the  various  medals  issued  by  the  Commonwealth  for  excellence  in 
small  arms  practice,  may  be  worn  in  addition  to  the  decorations  allowed 
by  the  regulations  and  orders  of  the  Army  and  Navy  of  the  United  States, 
and  in  the  manner  prescribed  in  such  regulations  and  orders. 

6.  The  white  uniform,  mess  jacket,  special  evening  dress  uniform  and 
cape  prescribed  for  officers  of  the  Army  of  the  United  States  may  be 
worn  by  officers  of  the  National  Guard  on  appropriate  occasions,  but  are 
not  required. 

7.  Aiguillettes.  —  Officers  of  the  National  Guard  detailed  as  aides  on 
the  personal  staff  of  the  Commander-in-Chief  and  other  officers  entitled 
to  wear  aiguillettes  under  the  uniform  regulations  of  the  Army  of  the 
United  States,  except  the  Chief  of  Staff  and  the  appointed  aides  on  the 
personal  staff  of  the  Commander-in-Chief,  shall  wear  same  on  the  left 
shoulder,  in  the  manner  prescribed  in  such  regulations.  The  Chief  of 
Staff  and  the  aides  appointed  on  the  personal  staff  of  the  Commander- 
in-Chief  with  the  rank  of  an  officer  of  the  National  Guard  shall  wear 
such  aiguillettes  on  the  right  shoulder. 

8.  (a)  Officers  of  the  National  Guard  detailed  as  aides  on  the  staff  of  the 
Commander-in-Chief,  at  all  times  while  on  military  duty  in  staff  or 
line,  will  wear  the  uniform  of  their  own  organization,  with  the  following 
additions:  they  will  wear  the  device  prescribed  in  the  uniform  regulations 
of  the  United  States  Army  for  an  aide  on  the  staff  of  a  major  general,  to 
be  placed  on  the  collar  of  the  dress,  service  and  white  coats,  at  a  distance 
of  |  inch  in  rear  of  the  insignia  of  the  department,  corps  or  arm  of  the 
service  in  which  they  are  commissioned,  and  immediately  over  the  insignia 


121 


on  the  sleeves  of  full  dress  and  special  evening  dress  coats.  Officers 
appointed  as  aides  on  the  personal  staff  of  the  Commander-in-Chief 
with  the  rank  of  an  officer  of  the  National  Guard  will  wear  the  device 
prescribed  in  the  uniform  regulations  of  the  United  States  Army  for  an 
aide  on  the  staff  of  a  major  general,  and  in  the  manner  prescribed  for 
such  aide. 

(b)  Officers  of  the  Naval  Militia  detailed  as  aides  on  the  personal  staff 
of  the  Commander-in-Chief  will  wear  the  devices  and  insignia  prescribed 
by  United  States  Navy  uniform  regulations  for  the  staff  of  a  flag  officer. 
Officers  appointed  as  naval  aides  on  the  personal  staff  of  the  Commander- 
in-Chief  will  wear  the  devices  and  insignia  prescribed  in  United  States 
Navy  uniform  regulations  for  an  aide  to  a  flag  officer,  and  in  the  manner 
prescribed  for  such  aide. 

9.  Buttons.  —  For  all  officers  of  the  National  Guard,  to  be  similar  to 
those  prescribed  for  the  Army  of  the  United  States,  except  that  the  device 

'  on  same  shall  be  the  coat  of  arms  of  the  Commonwealth  of  Massachusetts. 

10.  Collar  Ornaments.  —  For  all  officers  of  the  National  Guard,  to  con¬ 
sist  of  the  coat  of  arms  of  the  Commonwealth  of  Massachusetts,  surmount¬ 
ing  the  abbreviation  “MASS”  in  block  letters,  according  to  pattern  in 
the  office  of  the  Quartermaster  General.  For  all  enlisted  men  of  the 
National  Guard,  to  be  according  to  pattern  in  the  office  of  the  Quarter¬ 
master  General. 

11.  Service  Chevrons.  —  ( a )  All  enlisted  men  of  the  National  Guard 
who  have  served  faithfully  for  three  years,  continuously  or  otherwise, 
in  the  National  Guard  of  Massachusetts,  will  wear  service  chevrons  for 
each  such  three  years,  of  cloth  of  the  color  of  the  facings  of  the  depart¬ 
ment,  staff  corps  or  arm  of  the  service,  in  which  such  service  was  per¬ 
formed,  and  in  the  manner  prescribed  for  the  Army  of  the  United  States. 
Chevrons  to  indicate  service  in  war  shall  be  worn  as  prescribed  for  the 
Army  of  the  United  States. 

( h )  All  enlisted  men  of  the  Naval  Brigade  who  have  served  faithfully 
for  three  years,  continuously  or  otherwise,  in  said  Naval  Brigade,  will 
wear  service  chevrons  for  each  such  three  years,  in  the  manner  prescribed 
for  the  Navy  of  the  United  States.  Chevrons  to  indicate  service  in  war 
shall  be  worn  as  prescribed  for  the  Navy  of  the  United  States. 


122 


XXI.  Manuals,  Publications  and  Blank  Forms. 

1.  Manuals  issued  by  the  staff  departments  of  the  Army  or  Navy  of 
the  United  States,  and  approved  by  the  Secretary  of  War  or  the  Secretary 
of  the  Navy,  when  not  in  conflict  with  law,  regulations  or  orders,  and 
manuals  and  publications  issued  and  approved  by  The  Adjutant  General, 
will  have  equal  force  with  these  regulations. 

2.  The  standard  blank  forms  used  in  military  administration,  with 
the  notes  and  directions  thereon,  have  the  force  and  effect  of  regulations. 
New  forms  or  alterations  in  such  forms  will  not  be  made  without  the 
authority  of  The  Adjutant  General,  and  the  date  on  which  a  form  or  altera¬ 
tion  was  authorized  will  be  printed  on  the  form  itself.  All  notes  and 
directions  on  these  blanks  will,  prior  to  their  issue,  be  approved  by  The 
Adjutant  General.  These  forms  and  lists  of  them  will  be  furnished  by 
the  chiefs  of  the  various  bureaus  and  offices.  Requisitions  therefor  will 
call  for  them  by  number  and  name. 

3.  Manuscript  returns,  rolls,  certificates  and  other  documents  are  pro¬ 
hibited  when  the  proper  printed  forms  are  on  hand. 

i 

By  order  of  the  Commander-in-Chief, 


Official: 


GARDNER  W.  PEARSON, 

The  Adjutant  General, 
Chief  of  Staff. 


WILLIAM  S.  SIMMONS, 
Lieutenant  Colonel, 

Adjutant  General. 


INDEX 


(References  are  to  pages.] 

Extracts  from  the  Constitution,  ..... 

Militia  Law,  ........ 

Regulations,  ........ 


3  to  7,  inclusive. 
8  to  101,  inclusive. 
102  to  122,  inclusive. 


Absence.  (See  Furloughs;  Leaves  of  Ab¬ 
sence.) 

Accountability.  (See  Public  Property.) 
Academic  Boards: 

Appeal  from  finding  of,  42,  43. 
Appointment  of,  113. 

Duties  of,  113. 

Examination  of  officers  by,  41. 

Accounts.  (See  Funds.) 

Adjutant: 

Allowance  to,  82. 

Cavalry,  23. 

Corps  of  cadets,  25. 

Field  artillery,  24. 

Naval  brigade,  27. 

Regiment  of  infantry,  22. 

Visits  to  companies,  73. 

Adjutant  General’s  Department: 

Clerks  in,  14. 

Messenger,  14. 

Organization,  16. 

Adjutant  General,  The: 

Accounts  to  be  certified  by,  97. 

Annual  report  of,  13. 

Appointment  of,  5. 

Chief  of  staff,  12,  16. 

Duties,  13. 

Prosecute  soldier’s  claims,  13. 

Purchases,  no  pecuniary  interest  in,  32,  33. 
Rank,  12. 

Report,  annual,  13. 

Reports  to  Secretary  of  War,  14. 

Retired  officers,  to  keep  roster  of,  53. 
Salary,  14. 

Sales,  no  pecuniary  interest  in,  32,  33. 
Subsistence,  to  approve  bids  for,  87. 

Term  of  office,  13. 


Adjutants  General: 

Allowance  to,  82. 

Number  of,  16. 

Rank,  16. 

Salary,  14. 

Aids : 

Brigadier  general,  21. 

Commander-in-Chief,  12. 

Uniform  regulations,  120,  121. 

Alarm  Lists : 

Preparation  of,  110. 

Allowances.  (See  Pay  and  Allowances.) 
Ambulance  Company: 

Formation  of,  25. 

Organization  of,  18. 

Mounted  pay,  119. 

Ammunition: 

Account  of,  to  Governor,  5. 

Carried  in  case  of  invasion,  etc.,  70. 
Ancient  and  Honorable  Artillery  Com¬ 
pany: 

Armory,  79. 

Drill,  79. 

Jury  exemption,  96. 

Organization,  99. 

Parade,  79. 

Armorer  (see  Armories) : 

Alarm  lists,  110. 

Allowance  for  company,  88. 

Appointment,  118. 

Duties,  118. 

Mechanic  of  battery  may  be  assistant,  89. 

Armories: 

Allowance  for,  to  cities  and  towns,  60,  61, 
62. 

Armorer,  118. 

Cities  to  make  returns,  66,  67. 


124 


Armories  —  Con. 

Cities  to  provide,  59,  60,  61,  62. 
Commissioners,  63,  64,  65. 

Control  of,  67. 

Company  E,  5th  Regiment,  65. 

Custodian,  118. 

Expenditures  for,  approved  by  Quarter¬ 
master  General,  66. 

First  class,  65,  66. 

First  Corps  of  Cadets,  65. 

Flags  on,  68. 

Inspections  of,  32. 

Intruder,  67. 

Loan  bonds,  65. 

Post  council,  111. 

Purchase  of  second  class,  64,  65. 

Rent  allowance,  32. 

Rental  of,  67,  68,  118. 

Reports  of  uses  and  condition,  118. 

Salary  of  Deputy  Quartermaster  General 
from  appropriation  for,  33. 

Second  class,  62,  66. 

Superintendent  of,  34. 

Taking  land  for,  64. 

Third  class,  60,  61. 

Towns  to  make  returns,  66,  67. 

Towns  to  provide,  59,  60,  61,  62. 
Unauthorized,  79. 

Use  of,  67,  68,  118. 

Arms  (see  Public  Property) : 

Unauthorized  carrying,  79. 

Arsenal: 

Committee  of  General  Court  to  visit  annu¬ 
ally,  59. 

Detail  of  Quartermaster  as  superintendent, 
25. 

Superintendent  may  inspect  property,  32. 
Superintendent’s  salary  and  duties,  34. 
Under  care  of  Quartermaster  General,  33. 
Articles  of  War: 

When  applicable,  93. 

Artificers: 

Appointment  of,  46. 

Corps  of  cadets,  25. 

Infantry,  22. 

Artillery.  (See  Field  Artillery  and  Coast 
Artillery  Corps.) 

Assignments.  (See  Details  and  Assign¬ 
ments.) 

Assistant  Paymaster: 

Rank  and  pay  in  naval  brigade,  28,  30. 


Assistant  Surgeon: 

Rank  and  pay  in  naval  brigade,  28,  30. 
Automobiles.  (See  Motor  Vehicles.) 
Badges.  (See  Medals  and  Decorations.) 

Bands : 

Camp  duty,  may  be  excused  from,  71. 
Cavalry,  31. 

Coast  artillery  corps,  21. 

Corps  of  cadets,  31. 

Duty  in  lieu  of  camp  duty,  71. 

Field  artillery,  31. 

Infantry’,  22. 

Mounted,  may  be  authorized,  73. 

Naval  brigade,  31. 

Pay,  81,  82,  83. 

Subsistence,  87. 

Battery  (see  also  Companies) : 

Alarm  lists,  110. 

By-laws,  93,  94,  95. 

Council  of  administration,  111. 

Drill  reports,  110. 

Enlistment  book,  109. 

•  Funds,  111. 

Included  in  “company”  in  militia  law,  8. 
Jury  exemption  rolls,  95,  96. 

Muster  and  descriptive  cards,  109,  110. 

No  parade  without  approval,  77. 

Number  of,  14. 

Organization  of,  24. 

Recruiting  officer,  48. 

Recruiting  officer  for  war,  115,  116. 
Blacksmiths : 

Appointment  of,  46. 

Cavalry,  23. 

Blank  Forms.  (See  Forms.) 

Board  of  Examiners.  (See  Examining 
Boards.) 

Boards  of  Officers: 

Allowance  for  travel,  84,  85,  118. 

Board  of  survey,  57. 

Examination  of  commissioned  officers,  40, 
41,  42,  43,  44,  102. 

Examination  of  medical  officers,  40,  41. 
Examination  of  veterinarians,  40,  41. 
Horses,  injury  to,  83. 

Inspection  of  public  property,  58. 

Medical  boards  for  retirement  of  officer, 
52. 

^  Pay,  82,  118. 

To  inquire  into  claims  for  relief  for  injury 
on  duty,  96,  97. 


125 


Bonds: 

Accountable  officers  to  give,  113. 

Armory  loan,  65. 

Grand  Army  of  the  Republic  for  return  of 
property  borrowed,  59. 

Officer  to  whom  property  issued,  98. 
Paymasters,  98. 

Quartermaster  General,  33. 

Reimbursement  for  premium,  98. 

Brigades  of  Infantry: 

Accountability  of  commanding  officer  for 
property,  113. 

Aids  to  brigadier  general,  21,  35. 

Allowance  for  postage,  printing,  etc.,  88. 
Appointment  of  staff,  35. 

Authority  to  order  out,  69,  70. 

By-laws,  93,  94,  95. 

Colors,  107. 

Commanding  officer  may  call  meetings  of 
certain  officers,  72. 

Division  of  militia  into,  5,  15. 

Elections  for  brigadier  general,  4,  36. 
Examination  of  brigadier  general,  40. 
Officers  and  men  attached  to  headquarters, 
mounted,  21,  119. 

Organization  of,  21. 

Recruiting  officer  for  war,  115,  116. 

Staff  of  brigadier  general,  5,  21,  35. 

Staff  officers  of,  may  visit  companies,  73. 
Term  of  office  of  brigadier  general,  51. 

Two  brigades  authorized,  15. 

Visits  by  commanding  officer,  73. 

By-laws : 

Approval  by  Commander-in-Chief,  94. 
Corps  of  cadets,  93,  94,  111. 

Dues  may  be  fixed  by,  94. 

Fines,  94,  95. 

Naval  brigade,  93,  94,  111,  112. 
Organizations  may  adopt,  93,  94. 

Camp  Grounds: 

Bounds  may  be  fixed,  77. 

Relative  to,  72. 

Procedure  with  intruder,  78. 

State,  Grand  Army  of  the  Republic  may 
occupy,  59. 

State,  under  care  of  Quartermaster  General, 

33. 

State,  visited  annually  by  committee  of 
General  Court,  59. 

Captains  (see  also  Companies,  Troops  and 
Batteries) : 


Captains  —  Con. 

Board  of  examiners  to  have  four,  41. 
Election  of,  4,  7,  36. 

Cavalry: 

Allowance  for  postage,  printing,  etc.,  88. 
Allowance  for  repairs  and  alterations  of 
uniforms,  88. 

Allowance  to  squadron  commander  for  care 
of  property,  85,  86. 

Allowance  to  troop  commander  for  care  of 
property,  85,  86. 

Appointment  of  staff,  35. 

Assembly  of  officers  for  instruction,  74. 
Assembly  of  troops  for  instruction,  74. 
Band,  31. 

By-laws,  93,  94,  95. 

Council  of  administration,  111. 

Drill  reports,  110. 

Enlistment  book,  109. 

Forage,  82. 

Funds,  111. 

Guidons,  108. 

Horse  allowance,  82,  119. 

Hospital  corps  detachment,  19,  119. 
Inspection  of  troops,  74. 

Instruction  in  riding,  85. 

Jury  exemption  rolls,  95,  96. 

Meetings  of  officers  and  noncommissioned 
officers,  73. 

Mounted  pay,  31,  82,  119. 

Muster  and  descriptive  cards,  109,  110. 
Noncommissioned  staff  officers,  23,  45. 

No  parade  without  approval,  77. 
Organization  of,  23,  102. 

Property  accountability  of  commanding 
officer,  113. 

Recruiting  officer,  48. 

Recruiting  officer  for  war,  115,  116. 
Rendezvous  drills,  75,  76,  77,  112,  113. 
Riding  instruction,  85. 

Squadron  drills,  75. 

Squadrons,  to  be  arranged  in,  15. 

Staff,  appointment  of,  35. 

Standards,  108. 

Troops,  number  of,  14,  23. 

Trumpeter’s  pay,  82,  83. 

Veterinarian,  23. 

Visits  of  commanding  officer  to  troops,  73. 

Chaplains: 

Coast  artillery  corps,  20. 

Exempt  from  examination,  40. 


126 


Chaplains —  Con. 

Regiment  of  infantry,  22. 

Chief  Mechanic: 

Appointment  of,  46. 

Field  artillery,  24. 

Chiefs  of  Staff  Departments  and  Corps. 

(See  under  designation  of  Department  or 
Corps.) 

Cities  and  Towns: 

Allowance  to,  for  armories,  60,  61,  62,  67. 
Armories  in,  to  make  returns  of,  66,  67. 
Armories,  to  provide,  59,  60,  61,  62. 

Drill  grounds,  to  provide,  61,  62. 

May  direct  ordering  out  of  militia,  69. 

May  sell  second  class  armories,  64,  65. 
Relieved  of  obligation  to  provide  armory, 
66. 

Rifle  ranges,  to  provide,  61,  62. 

Civil  Employees: 

Armorers,  118. 

Clerks,  14. 

Hours  of  labor  of  certain,  100,  101. 

Civil  Officers: 

Militia  ordered  into  service  to  aid,  14. 
Penalties  for  violating  militia  law,  99. 

Coast  Artillery  Corps: 

Accountability  of  chief  for  property,  113. 
Allowance  for  postage,  printing,  etc.,  88. 
Allowance  for  repairs  and  alterations  of 
uniforms,  88. 

Allowance  to  chief  for  care  of  property,  85, 

86. 

Annual  report  of  chief,  32. 

Appointment  of  commissioned  officers,  20. 
Band,  21. 

By-laws,  93,  94,  95. 

Colors,  107,  108. 

Companies,  number  of,  14,  20. 

Companies,  strength  of,  20,  21. 

Council  of  administration,  111. 

Drill  reports,  110. 

Election  of  commissioned  officers,  20. 
Enlistment  book,  109. 

Funds,  111. 

Hospital  corps  detachment,  18,  19. 

Jury  exemption  rolls,  95,  96. 

Muster  and  descriptive  cards,  109,  110. 
Organization  of,  20,  21. 

Meetings  of  officers  and  noncommissioned 
officers,  73. 

Noncommissioned  officers,  20,  46,  47. 


Coast  Artillery  Corps  —  Con. 

Recruiting  officer  for  war,  115,  116. 
Regiment,  considered  as,  20. 

Rendezvous  drills,  75,  76,  77,  112,  113. 
Term  of  office  of  colonel,  51. 

Colonels: 

Examination  of,  40. 

Term  of  office  in  infantry,  51. 

Term  of  office  in  coast  artillery  corps,  51. 
Colors: 

Brigade  of  infantry,  107. 

Coast  artillery  corps,  107,  108. 
Commander-in-Chief,  107. 

Corps  of  cadets,  107,  108. 

Naval  brigade,  107,  108. 

Regiment  of  infantry,  107,  108. 

State  flag  as,  68. 

Tricolor  streamers,  109. 

Unauthorized,  109. 

War  with  Spain  streamers,  108. 

Color  Sergeants: 

Appointment  of,  45,  46. 

Infantry,  22. 

Pay,  81. 

Commander-in-Chief : 

Adjutant  General  appointed  by,  5. 
Adjutant  General  to  make  annual  report  to, 
13. 

Appoints  officers  on  refusal  or  neglect  of 
electors  to  elect,  4. 

Authority  to  add  to  naval  brigade,  27. 
Authority  to  call  out  militia,  68,  69,  70. 
Authority  to  disband  company,  32. 
Authority  to  exclude  traffic  from  highways , 
78,  79. 

Authority  to  order  militia  for  escort  duty, 
73. 

Authority  to  prescribe  organization  of 
militia,  30. 

Authority  to  send  rifle  team,  80. 

Colors,  107. 

Duties,  3,  5. 

Flag,  107. 

Governor  to  be,  3. 

Lieutenant  Governor  to  be  in  certain  cases, 

6. 

Officers  in  staff  corps  and  departments  ap¬ 
pointed  by,  36. 

Staff  of,  12,  13,  35. 

To  publish  militia  law  and  regulations, 
95. 


127 


Commissaries.  (See  Subsistence  Depart¬ 
ment.) 

Commissary  General  (see  Subsistence  De¬ 
partment)  : 

Account  of  stores  to  Governor,  5. 

Annual  report,  32. 

Appointment,  6,  36. 

Bids  for  supplies,  87. 

Chief  of  subsistence  department,  17. 
Eligibility,  12,  13,  36. 

Member  of  staff  of  Commander-in-Chief, 

12. 

Purchases,  no  pecuniary  interest  in,  32, 
33. 

Rank,  17,  26. 

Sales  by,  87. 

Sales,  no  pecuniary  interest  in,  32,  33. 
Subsistence  furnished  by,  87. 

Term  of  office,  13,  26,  27. 

Commissary  Sergeants : 

Appointment  of  post,  17. 

Reduction  of,  47. 

Regiment  of  infantry,  22. 

Commissioned  Officers: 

Acceptance  of  election,  38. 

Acceptance  to  vacate  office  previously  held, 
38. 

Adjutants  of  regiments,  5. 

Age  limit,  35. 

Allowance  for  travel,  84,  85. 

Allowance  for  uniform,  85. 

Amenable  to  courts-martial,  92,  93. 
Appointment  of,  4,  20,  35,  36,  37,  38. 
Appointment  by  Governor  on  refusal  or 
neglect  to  elect,  4. 

Appointments  in  coast  artillery  corps,  20. 
Assignment  to  company  without  officers, 
109. 

Certificate  of  discharge,  53. 

Commissioned  by  Governor, 

Court  of  inquiry,  90. 

Courts-martial,  90,  91,  92,  93. 

Detail  as  assistant  chiefs  of  staff,  12, 

Detail  to  other  organization  than  own,  19, 
25,  105,  109. 

Discharge  of,  42,  45,  50,  53. 

Discharge  on  failure  to  appear  before 
special  board,  45. 

Discharge  on  failure  to  pass  examination,  42. 
Discharge  on  recommendation  of  special 
board,  45. 


Commissioned  Officers  —  Con. 

Discharged  officer  may  wear  uniform,  54. 
Dismissal,  53. 

Elections  of,  4,  7,  20,  35,  36,  37,  38,  104. 
Eligibility,  12,  13,  35,  36,  43. 

Examination  of,  41,  42,  43,  44,  102. 
Exemption  from  arrest,  96. 

Exemption  from  liability,  70. 

Horse  allowance,  82. 

Leave  of  absence,  105. 

Liability  for  injury  to  person  or  property 
by,  70. 

Liability  for  property,  57,  58. 

Meetings  of,  72,  73. 

Mounted,  authority  for,  119. 

Naval  brigade,  27,  28,  29. 

Oaths  of  office,  6,  45. 

Pay  and  allowances,  81,  82. 

Penalty  for  failure  to  obey  order  or  precept , 
70. 

Penalty  for  interfering  with  duty  of,  97. 
Quartermasters  of  regiments,  5. 

Rank  determined,  35. 

Refusal  or  neglect  of  electors  to  make  elec¬ 
tion,  4. 

Reimbursement  of  expenses  to  officers  of 
army  and  navy  in  the  United  States, 
89. 

Removal  from  office,  6. 

Reserve  militia  on  active  duty,  11,  12. 
Resignation,  50. 

Resigning  or  retiring,  to  turn  over  property, 
113. 

Retirement,  51,  52,  53. 

School,  73. 

Staff  of  Commander-in-Chief,  12,  13. 

Status  of,  when  not  accepted  into  service 
of  the  United  States,  98,  99. 

Subsisting  from  men’s  mess,  111. 

Uniform  allowance,  85. 

Uniforms,  54,  119,  120,  121. 

Committee  on  Military  Affairs  of  the 
General  Court: 

Annual  visit  to  arsenal  and  camp  ground, 
59. 

Companies: 

Alarm  list,  110. 

Allowance  for  armorer.  88. 

Allowance  for  care  of  property  to  company 
commander,  85,  86. 

Allowance  for  postage,  printing,  etc.,  88. 


128 


Companies  —  Con. 

Allowance  for  repairs  and  alterations  of 
uniforms,  88. 

Assembly  for  instruction,  74. 

By-laws,  93,  94,  95. 

Coast  artillery  corps,  20,  21. 

Council,  111. 

Definition  in  militia  law,  8. 

Disbandment  of,  32. 

Division  of  militia  into,  5. 

Drills  may  be  omitted  in  certain  months, 
74. 

Drills  prescribed,  74. 

Drill  reports,  110. 

Election  of  officers  of,  4,  7,  36. 

Enlistment  book,  109. 

Funds,  111. 

Infantry,  22. 

Inspection  of,  74. 

Jury  exemption  rolls,  95,  96. 

Marine  guard,  29. 

Muster  and  descriptive  cards,  109, 

110. 

Naval  brigade,  27,  28,  29. 
Noncommissioned  officers,  46. 

No  parade  without  approval,  77. 

Number  of  coast  artillery  corps,  14. 
Number  of  infantry,  14. 

Officers  of,  in  coast  artillery  corps,  to  be 
elected,  20. 

Organization,  22. 

Organizing  new,  31. 

Recruiting  officer,  48. 

Recruiting  officer  for  war,  115,  116. 
Rendezvous  drills,  75,  76,  77,  112,  113. 
Reserve  militia,  11. 

Visits  to,  73. 

Without  officers,  70,  71,  109. 

Constitution  of  the  Commonwealth: 

Extracts  from,  3,  4,  5,  6,  7. 

Contracts: 

Stipulation  as  to  hours  of  labor,  101. 

Cooks: 

Appointment  of,  46. 

Cavalry,  23. 

Coast  artillery  corps,  21. 

Corps  of  cadets,  25. 

Field  artillery,  24. 

Infantry,  22. 

Pay,  81,  82,  83. 

Signal  corps,  19. 


Corps  of  Cadets: 

Accountability  of  commanding  officer  for 
property,  113. 

Alarm  fists,  110. 

Allowance  for  armorer,  88. 

Allowance  for  care  of  property,  to  com¬ 
manding  officer,  85,  86. 

Allowance  for  postage,  printing,  etc.,  88. 
Allowance  for  repairs  and  alterations  of 
uniforms,  88. 

Appointment  of  staff,  35. 

Assemblies  for  instruction,  74. 

Bands,  31. 

Battalion  drills,  75. 

By-laws,  93,  94,  95,  111. 

Colors,  107,  108. 

Council  of  administration,  111. 

Drill  reports,  110. 

Election  of  officers,  36. 

Enlistment  book,  109. 

Funds,  111. 

Hospital  corps  detachment,  19. 

Inspections  of  companies,  74. 

Jury  exemption  rolls,  95,  96. 

Meetings  of  officers  and  noncommissioned 
officers,  73. 

Mounted  pay  for  certain  officers  and  men, 
119. 

Muster  and  descriptive  cards,  109,  110. 
Noncommissioned  staff  officers,  16,  25,  45. 
No  parade  without  approval,  77. 

Number  in  national  guard,  14. 

Organization  of,  16,  25. 

Recruiting  officer,  48. 

Recruiting  officer  for  war,  115,  116. 
Rendezvous  drills,  75,  76,  77,  112,  113. 

Staff,  appointment  of,  35. 

Uniform,  120. 

Visits  of  commanding  officer  to  companies, 
73. 

Corps  of  Engineers: 

Annual  report  of  chief,  32. 

Organization  df,  19. 

Correspondence : 

Regulations  of  United  States  Army  and 
Navy  to  be  followed,  115. 

Council.  (See  Executive  Council.) 

Councils  of  Administration : 

Naval  brigade,  111,  112. 

Organizations  of  national  guard,  111, 

Post  council,  111. 


129 


Courts-martial : 

Absence  without  leave,  81. 

Allowance  for  attendance  and  travel  before, 
89. 

Allowance  for  pay  and  travel  to  members 
of,  82,  84,  85. 

Appointment  of,  90,  91. 

Approval  of  sentence,  91. 

Articles  of  war  of  the  United  States, 
93. 

Commissioned  officers  may  be  punished  for 
loss  of  or  damage  to  property,  etc.,  57. 
Composition  of,  90. 

Defendant,  allowance  to,  82. 

Delinquency  in  payment  of  fines,  81. 
Desertion,  81. 

Dishonorable  discharge  upon  sentence  of, 
54. 

General,  90. 

Judge  Advocate  General  to  review,  32. 

„  Limitation  of  prosecutions,  93. 

May  be  ordered  on  report  of  court  of  in¬ 
quiry,  90. 

Members  of  organizations  leaving  Com¬ 
monwealth  without  permission,  99. 

*  Oath,  92. 

Offences,  92,  93. 

Officer  may  be  dismissed  to  carry  out  sen¬ 
tence,  53. 

Officer  not  amenable  to,  may  be  ordered 
before  special  board,  44. 

Record,  91. 

Report,  91. 

Retired  officers  amenable  to,  52. 

Retired  officers  may  serve  on,  52. 

Review,  91. 

Roll,  91. 

Sentences,  91,  93. 

Service  of  summons,  92. 

Summary,  90,  91. 

Summons,  92. 

Witness,  allowance  to,  82. 

Witnesses,  92. 

Courts  of  Inquiry: 

Application  of  officer  for,  90. 

Allowance  for  attendance  and  travel  before, 
89. 

Allowance  for  pay  and  travel  to  members 
of,  82,  84,  85. 

Appointment  of,  90. 

Composition  of,  90. 


Courts  of  Inquiry  —  Con. 

Court-martial  may  be  ordered  on  report  of, 
90. 

Instituted  by  Commander-in-Chief,  90. 
Oath,  92. 

Report,  90. 

Service  of  summons,  92. 

Summons,  92. 

Witness,  allowance  to,  82. 

Witnesses,  92. 

Departments: 

Appointment  of  officers,  36. 

By-laws,  93,  94,  95. 

Chiefs  of,  to  be  on  staff  of  Commander-in- 
Chief,  12. 

Eligibility  of  officers,  36. 

Examination  of  officers,  36. 

Officer  may  be  detailed  from  line  to,  19. 
Organization  of,  16,  17,  19. 

Deputy  Quartermaster  General: 

Rank  of,  17. 

Salary,  33. 

Descriptive  Lists.  (See  Muster  and  De¬ 
scriptive  Cards.) 

Details  and  Assignments: 

Authority  to  detail,  105. 

Brigade  commander  may  detail,  21. 
Company  without  officers,  70,  71,  109. 
Departmental  officer  from  line,  19. 

Members  of  staff  departments  and  corps,  25. 
Officer  to  company  without  officers,  70,  71, 
109. 

To  other  organizations  than  own,  19,  25, 
105,  109. 

Disbandment: 

Commander-in-Chief  may  disband  com¬ 
pany,  32. 

Company  not  electing  officers,  38. 

Leaving  Commonwealth  without  permis¬ 
sion,  99. 

Naval  brigade  companies,  27. 

Officers  discharged  upon,  50. 

Officers  responsible  for  property,  57. 

Discharge : 

Commissioned  officers,  50,  51,  52,  53. 
Enlisted  men,  53,  54. 

Discipline : 

Adjutant  General  to  execute  prescribed 
system,  13. 

System  of  army  of  the  United  States  ob¬ 
served,  95. 


130 


Drill  Grounds: 

Cities  and  towns  to  provide,  61,  62. 

Drill  Reports : 

Monthly,  110. 

Drills  (see  Rendezvous  Drills) : 

Annual,  71. 

Company,  74. 

Election  day,  79. 

Notice  of  annual,  72. 

Education  (see  Service  Schools): 
Appropriation  for,  102. 

Service  Schools,  102,  113. 

Election  Day: 

Military  duty  on,  79. 

Elections : 

Acceptance,  38. 

Acceptance  vacates  office  previously  held, 
38. 

Adjournment,  37,  38. 

Allowance  for  travel,  85. 

Ballot,  36. 

Coast  artillery  corps,  20. 

Commissioned  officers,  4,  7,  35,  36,  37,  38. 
Majority  of  ballots  of  electors  present  to 
elect,  38. 

Majority  of  electors  to  be  present,  37. 
Minimum  number  of  meq  in  company,  37. 
Neglect  to  elect,  4,  38. 

Notice  to  electors,  37. 

Notice  to  officer  elected,  38. 

Ordered  by,  36,  37,  104. 

Presiding  officer,  37. 

Record  of,  37. 

Refusal  to  accept,  38. 

Refusal  to  elect,  4,  38. 

Reserve  militia,  12. 

Return  of,  37. 

Roll  of  electors,  36. 

Roster  of  electors,  36. 

Vacancies  in  offices  to  be  filled  before,  37. 
Where  held,  37. 

Employees: 

Hours  of  labor  of  certain,  100,  101. 
Engineer  Corps.  (See  Corps  of  Engineers.) 

Engineer  Division: 

Naval  brigade,  27,  29. 

Enlisted  Men: 

Allowance  for  repairs  and  alterations  of  uni¬ 
forms,  88. 

Allowance  for  travel,  84,  85. 

Amenable  to  courts-martial,  93. 


Enlisted  Men  —  Con. 

Charged  with  value  of  lost  property,  57. 
Confinement,  79. 

Courts-martial,  90,  91,  92,  93. 

Detail,  105. 

Discharge,  53,  54. 

Exemption  from  arrest,  96. 

Exemption  from  liability,  70. 

Furloughs,  106. 

Pay,  75,  81,  82,  83. 

Pay  to  be  allowance  to  organization,  82, 
83. 

Pay  to  men  not  to  exceed  that  of  regular 
army  or  navy,  83. 

Penalty  for  interference  with  duty  of,  97. 
Riding  instructions  for  mounted,  85. 

Sales  to,  55. 

Service  chevrons,  121. 

Status  of,  when  not  accepted  into  service  of 
the  United  States,  98,  99. 

Subsistence,  87. 

Transfer,  106,  107. 

Uniform,  54,  119,  120,  121. 

Enlistment  Book: 

Enlistment  roll,  49,  109. 

Recruiting  officers  to  keep,  109, 
Enlistments : 

As  privates,  except  noncommissioned  staff 
officers,  48. 

Commanding  officer  may  forbid,  50. 
Continuous  service,  48. 

Enlistment  book,  49,  109. 

Enrollment  of  fifteen  above  maximum, 
48. 

Medal  for  nine  years’  service,  50. 

Muster  and  descriptive  cards,  109. 

No  duty  unless  mustered  in,  49. 

No  pay  unless  mustered  in,  49. 

Not  to  enlist  until  term  expires,  50. 

Oath,  49. 

Physical  disabilities,  32. 

Recruiting  officers,  48. 

Re-enlistment,  47,  48,  49,  50. 

Re-enlistment  if  absent  from  command,  49, 
50. 

Returns  of,  48. 

Term  of,  47. 

Enrolled  Militia,  9,  10. 

Equipment  Officer: 

Naval  brigade,  28. 

Escorts,  73. 


131 


Examinations  (see  Examining  Boards) : 
Physical,  to  be  prescribed  by  Surgeon  Gen¬ 
eral,  32. 

Examining  Boards: 

Appeal  from  finding,  42,  43. 

Commissioned  officers  before,  39,  40,  41, 
42,  43,  44,  45. 

Formation  of,  39,  41,  44,  52. 

Incompetent  officer  before  special,  44. 

May  pass  candidate  conditionally,  44. 
Medical  board,  39,  40,  52. 

Oaths  of  officers  before,  45. 

Officer  not  to  be  again  ordered  before,  44. 
Physical  examination  of  officers,  39. 
Records  of,  42. 

Regulations  for,  41. 

Retirement,  52. 

Special  board  for  incompetent  officer,  44. 

Excuses  for  Nonperformance  of  Duty,  SO, 
81. 

Executive  Council: 

Exercises  authority  of  Commander-in-Chief 
in  certain  cases,  6. 

Farriers : 

Appointment  of,  46. 

Cavalry,  23. 

Field  Artillery: 

Allowance  for  draft  horses,  82. 

Allowance  for  mechanic,  88,  89. 

Allowance  for  postage,  printing,  etc.,  88. 
Allowance  for  repairs  and  alterations  of 
uniforms,  88. 

Allowance  to  battalion  commander  for  care 
of  property,  85,  86. 

Allowance  to  battery  commander  for  care 
of  property,  85,  86. 

Appointment  of  staff,  35. 

Assembly  of  batteries  for  instruction,  74. 
Assembly  of  officers  for  instruction,  74. 
Band,  31. 

Battalion  drills,  75. 

Battalions,  to  be  arranged  in,  15. 

Batteries,  number  of,  14. 

By-laws,  93,  94,  95. 

Council  of  administration,  111. 

Draft  horses,  82,  119. 

Drill  reports,  110. 

Enlistment  book,  109. 

Forage,  82. 

Funds,  111. 

Guidons,  108. 


Field  Artillery  —  Con. 

Horse  allowance,  82,  119. 

Hospital  corps  detachment,  19,  119. 
Inspection  of  batteries,  74. 

Instruction  in  riding,  85. 

Jury  exemption  rolls,  95,  96. 

Mechanic,  allowance  for,  88,  89. 

Meetings  of  officers  and  noncommissioned 
officers,  73. 

Mounted  pay,  31,  82,  119. 

Muster  and  descriptive  cards,  109,  110. 
Noncommissioned  staff  officers,  24,  45. 

No  parade  without  approval,  77. 
Organization  of,  24. 

Property  accountability  of  commanding 
officer,  113. 

Recruiting  officer,  48. 

Recruiting  officer  for  war,  115,  116. 
Rendezvous  drills,  75,  76,  77,  112,  113. 
Riding  instruction,  85. 

Staff,  appointment  of,  35. 

Standards,  108. 

Veterinarians,  24. 

Visits  of  commanding  officer  to  batteries,  73. 

Field  Hospital,  18. 

Field  Officers: 

Board  of  examiners  to  contain  three,  41. 
Elections  of,  4,  36. 

Examination  of,  40. 

General  court-martial,  to  be  member  of,  90. 
Summary  court,  90,  91. 

Fines: 

By-laws  may  prescribe,  94. 

Delinquents  tried  by  court-martial,  81. 
Nonperformance  of  duty,  94. 

Firemen: 

Coast  artillery  corps,  20,  46. 

First  Sergeant: 

Appointment,  46. 

Cavalry,  23. 

Coast  artillery  corps,  21. 

Corps  of  cadets,  25. 

Field  artillery,  24. 

Infantry,  22. 

Reduction,  46. 

Flags : 

Commander-in-Chief,  107. 

Displayed  on  armories,  arsenals,  etc.,  68. 
Flag  of  the  Commonwealth  of  Massachu¬ 
setts,  68. 

Unauthorized,  109. 


132 


Forage: 

Allowance  for,  82. 

Quartermaster  General  to  furnish,  87. 
United  States,  if  furnished  by,  84. 

Forms : 

Adjutant  General  to  furnish,  13. 

Standard,  122. 

Funds: 

Administration  of,  111,  112. 

Corps  of  cadets,  111. 

Naval  brigade,  111,  112. 

Payment  from  property  losses,  114,  115. 
Post  council,  111. 

Small  arms  practice,  26. 

Furloughs,  106. 

Governor  of  the  Commonwealth.  (See 
Commander-in-Chief.) 

Grand  Army  of  the  Republic,  59,  80. 
Guidons : 

Cavalry,  108. 

Field  artillery,  108. 

Unauthorized,  109. 

Headquarters : 

Inspections  of,  32. 

Highways: 

Right  of  way  for  troops,  78. 

Traffic  may  be  excluded  from,  78,  79. 

Horses: 

Allowance  for  instruction  in  riding,  85. 
Allowance  for  killed  or  injured,  83. 

Draft,  82,  119. 

Forage,  82,  84,  87. 

Motor  vehicles  in  lieu  of,  84. 

Mounted  pay,  31,  82,  119. 

Pay  and  allowances,  31,  82,  119. 
Transportation  of,  86,  87. 

Hospital  Corps  (see  also  Companies) : 

Alarm  list,  110. 

Allowance  for  postage,  printing,  etc.,  88. 
Allowance  for  repairs  and  alterations  of 
uniforms,  88. 

Allowance  to  commander  for  care  of  prop¬ 
erty,  85,  86. 

Ambulance  company,  18. 

By-laws,  93,  94,  95. 

Council  of  administration,  111. 

Distribution  among  commands,  18,  19,  119, 
Drill  reports,  110. 

Enlistment  book,  109. 

Field  hospital,  18. 

Funds,  111. 


Hospital  Corps  —  Con. 

Included  in  “company”  in  militia  law,  8. 
Jury  exemption  rolls,  95,  96. 

Muster  and  descriptive  cards,  109,  110. 
Noncommissioned  officers,  17,  18,  19,  45, 
46. 

No  parade  without  approval,  77. 
Organization  of,  17,  18,  19,  102. 

Pay,  81,  82,  83. 

Recruiting  officer,  48. 

Rendezvous  drills,  75,  76,  77,  112,  113. 
Infantry: 

Allowance  for  postage,  printing,  etc.,  88. 
Allowance  for  repairs  and  alterations  of 
uniforms,  88. 

Allowance  to  company  commander  for  care 
of  property,  85,  86. 

Allowance  to  regimental  commander  for 
care  of  property,  85,  86. 

Appointment  of  staff,  35. 

Assembly  of  companies  for  instruction,  74. 
Assembly  of  officers  for  instruction,  74. 
Arranged  in  regiments,  15. 

Band,  22. 

Battalion  drills,  75. 

By-laws,  93,  94,  95. 

Colors,  107,  108. 

Company  of,  22. 

Council  of  administration,  111. 

Drill  reports,  110. 

Enlistment  book,  109. 

Funds,  111. 

Horse  allowance,  82,  119. 

Hospital  corps  detachment,  18,  19,  119. 
Inspection  of  companies,  74. 

Instruction  in  riding,  85. 

Jury  exemption  rolls,  95,  96. 

Meetings  of  officers  and  noncommissioned 
officers,  73. 

Mounted  pay,  31,  82,  119. 

Muster  and  descriptive  cards,  109,  110. 
Noncommissioned  officers,  22,  45,  46,  47. 
No  parades  without  approval,  77. 

Number  of  companies  of,  14. 

Organization  of,  22. 

Property  accountability  of  regimental 
commander,  113. 

Recruiting  officer,  48. 

Recruiting  officer  for  war,  115,  116. 
Regimental  drills,  75. 

Rendezvous  drills,  75,  76,  77,  112,  113. 


133 


Infantry  —  Con. 

Riding  instruction,  85. 

Staff,  appointment  of,  35. 

Term  of  office  of  brigadier  general,  51. 

Term  of  office  of  colonel,  51. 

Visits  of  brigade  and  regimental  com¬ 
manders  to  companies,  73. 

Inspections: 

Accounts  of  treasurers  of  organizations,  94. 
Annual  drill,  71. 

Annual  inspections,  32,  117. 

Camp  duty,  72. 

Company,  74. 

Public  property,  32,  58,  117. 

Inspector  General  of  Small  Arms  Prac¬ 
tice: 

Chief  of  ordnance  to  be,  25. 

Duties  of,  26. 

Recruiting  officer  for  war,  115. 

Inspector  General’s  Department: 

Annual  report,  32. 

Chief,  member  of  board  to  condemn  prop¬ 
erty,  58. 

Chief,  member  of  staff  of  Commander-in- 
Chief,  12. 

Organization,  16. 

Pay  and  allowances,  86. 

Rank  of  chief,  26. 

Term  of  office  of  chief,  13,  26,  27. 
Inspector  of  Small  Arms  Practice: 

Naval  brigade,  28. 

Ordnance  officers  to  be,  25,  28. 

Inspectors  General: 

Accounts  of  treasurers  of  organizations,  94. 
Annual  drill,  71. 

Annual  inspections,  32,  117. 

Annual  report  of  chief,  32. 

Appointment,  36. 

Armory  inspections,  32,  117. 

Camp  duty,  72. 

Chief,  member  of  staff  of  Commander-in- 
Chief,  12. 

Chief  of  department,  16. 
Commander-in-Chief  may  designate  officers 
to  inspect,  32. 

Eligibility,  12,  13,  36. 

Member  of  board  to  condemn  property,  58. 
Number  of,  16. 

Pay  and  allowances,  86. 

Public  property,  inspection  of,  117. 
Purchases,  no  pecuniary  interest  in,  32,  33. 


Inspectors  General  —  Con. 

Rank,  16,  26. 

Rank  of  chief,  26. 

Reports,  32,  71,  72,  117. 

Reports  as  surveying  officer,  117. 

Sales,  no  pecuniary  interest  in,  32,  33. 
Surveying  officers,  117. 

Term  of  office  of  chief,  13,  26,  27. 
Instruction: 

Academic  board  of,  113. 

Appropriation  for,  86. 

Assemblies  for,  74,  75. 

Meetings  for,  72,  73. 

Officers  or  men  detailed  to  organizations, 
105. 

Orders  in  relation  to,  102. 

Riding,  85. 

Service  schools,  102,  113. 

Insurrection,  14,  68,  69. 

Invasion,  14,  68,  69. 

Judge  Advocate  General: 

Annual  report,  32. 

Appointment,  36. 

Chief  of  department,  16. 

Duties,  32. 

Eligibility,  12,  13,  36. 

Encampment,  may  be  detailed  to,  72. 
Jurisdiction  at  encampment,  72. 

Member  of  staff  of  Commander-in-Chief,  12. 
Rank,  16,  26. 

Term  of  office,  13,  26,  27. 

Judge  Advocate  General’s  Department: 
Annual  report,  32. 

Chief,  member  of  staff  of  Commander-in- 
Chief,  12. 

Organization,  16. 

Rank  of  chief,  26. 

Term  of  office  of  chief,  13,  26,  27. 

Judge  Advocates: 

Appointment,  36. 

Attendance  at  court  of  inquiry,  90. 
Attendance  at  special  board  of  examiners, 
44. 

Eligibility,  36. 

Encampment,  may  be  detailed  to,  7. 
Jurisdiction  at  encampment,  72. 

Number  of,  16. 

Rank,  16. 

Jury  Duty: 

Exemption  from,  95,  96. 

Exemption  rolls,  95,  96. 


134 


Leaves  of  Absence,  105,  106. 

Legislature : 

Shall  prescribe  conduct  of  elections,  4. 
Lieutenant  (see  Commissioned  Officers) : 
Election  of  subalterns,  4,  7. 

Examination  of  first  lieutenants,  40. 

Lieutenant  Colonel  (see  Commissioned 
Officers) : 

Examination  of,  40. 

Visits  to  companies,  73. 

Lieutenant  Governor: 

Commander-in-Chief  in  certain  cases,  6. 
Major  (see  Commissioned  Officers): 

Visits  to  companies,  73. 

Major  General: 

Appointment  by  General  Court,  4. 
Appointment  of  aids,  5. 

Commissioned  by  Governor,  4. 

Manuals: 

Adjutant  General  may  issue,  122. 

Staff  departments,  122. 

Marine  Guard,  29. 

Master-at-Arms,  28. 

Mechanics: 

Allowance  for,  88,  89. 

Appointment  of,  46. 

Field  artillery,  24. 

Medals  and  Decorations: 

Long  service  medals,  50,  120. 

Service  in  war  clasps,  50,  120. 

Wearing  on  uniform,  120. 

Medical  Corps: 

Organization  of,  17. 

Medical  Department: 

Annual  report,  32. 

Board  of  examiners,  39. 

Chief,  member  of  staff  of  Commander-in- 
Chief,  12. 

Eligibility  to  appointment  as  officer  of,  36. 
Examination  of  officers  in,  40. 

Mounted  pay  for  members  of,  119. 
Noncommissioned  officers,  17,  45,  46. 
Organization,  17. 

Rank  of  chief,  17,  26. 

Riding  instruction  for  mounted  men,  85. 
Term  of  office  of  chief,  13,  26,  27. 

Mileage.  (See  Travel.) 

Military  Education.  (See  Education;  Ser¬ 
vice  Schools.) 

Military  Property.  (See  Public  Property.) 
Mobs,  14,  69. 


Motor  Vehicles,  84. 

Mounted  Pay: 

Allowance  for  transportation,  86,  87. 
Authority  for,  21,  31,  82,  119. 

Brigade  headquarters,  21. 
Commander-in-Chief  to  prescribe,  31. 
Medical  department,  119. 

Riding  instruction,  85. 

Musicians : 

Appointment,  46. 

Chief,  21,  22. 

Coast  artillery  corps,  21. 

Corps  of  cadets,  25. 

Field  artillery,  24. 

Included  in  “soldier”  in  militia  law,  8. 
Infantry,  22. 

Pay,  82,  83. 

Principal,  21,  22. 

Muster  and  Descriptive  Cards: 

Filing,  110. 

Preparation,  109,  110. 

Transfers  of  enlisted  men,  107. 

Muster-in: 

Certain  commanding  officers  may  forbid, 
50. 

Not  held  to  duty  until,  49. 

Recruiting  officers  to,  48. 

Returns  of,  48. 

Mustering  Officer: 

Recruiting  officers  to  be,  48. 

Returns  of,  48. 

National  Guard: 

Composition  of,  15. 

National  Guard  Association: 

Delegates  from,  100. 

Naval  Brigade: 

Adjutant,  27. 

Aides  on  staff  of  Commander-in-Chief,  121. 
Allowance  for  postage,  printing,  etc.,  88. 
Allowance  for  repairs  and  alterations  of 
uniforms,  88. 

Allowance  to  commander  of  naval  brigade 
for  care  of  property,  85,  86. 

Allowance  to  company  commander  for  care 
of  property,  85,  86. 

Appointment  of  staff,  35. 

Assembly  of  companies  for  instruction,  74. 
Assembly  of  officers  for  instruction,  74. 
Assistant  paymaster,  28,  30. 

Assistant  surgeon,  28,  30. 

Band,  31. 


135 


Naval  Brigade  —  Con. 

Battalion  drills,  75. 

Board  of  examiners  to  contain  officer  of,  41. 
By-laws,  93,  94,  95,  112. 

Colors,  107,  108. 

Company  of,  28. 

Correspondence,  115. 

Disbandment  of  companies,  27,  32. 

Drill  reports,  110. 

Election  of  officers,  36. 

Engineer  division,  27. 

Enlistment  book,  109. 

Equipment  officer,  28. 

Examination  of  officers,  39,  40,  41,  42,  43. 
Funds,  111,  112. 

Inspection  of  companies,  74. 

Inspector  of  small  arms  practice,  28. 

Jury  exemption  rolls,  95,  96. 

Marine  guard,  27,  29. 

Master-at-Arms,  28. 

Meetings  of  commissioned  and  petty  offi¬ 
cers,  73. 

Muster  and  descriptive  cards,  109,  110. 

No  parade  without  approval,  77. 

Ordnance  officer,  28. 

Organization  of,  27,  102. 

Passed  assistant  surgeon,  28,  30. 

Pay,  27,  28,  29. 

Paymaster,  28. 

Petty  officers,  28,  29,  45,  46,  47. 

Property  accountability  of  commander,  113. 
Rank  of  commanding  officer,  27. 

Recruiting  officers,  48. 

Relative  rank,  27,  28,  29. 

Rendezvous  drills,  75,  76,  77,  112,  113. 
Service  chevrons,  121. 

Signal  officer,  28. 

Staff  officers,  27,  28,  35. 

Surgeon,  27,  28. 

Term  of  office  of  captain,  51. 

Uniform,  120. 

Visits  of  battalion  commanders  to  com¬ 
panies,  73. 

Visits  of  commander  to  companies,  73. 
Naval  Bureau: 

Repeal  of  law  in  relation  to,  27. 

Term  of  office  of  chief  of,  26. 

Naval  Militia  (see  Naval  Brigade): 

Composition  of,  15. 

Noncommissioned  Officers: 

Allowance  for  travel,  85. 


Noncommissioned  Officers  —  Con. 
Appointment,  30,  45,  46,  47. 

Coast  artillery  corps,  20,  30,  46,  47. 

Color  sergeants,  45. 

Enlistment,  30,  48. 

First  sergeants,  46,  47. 

Marine  guard,  29. 

Meetings  of,  73. 

Pay,  81,  82,  83. 

Quartermaster  sergeants,  46,  47. 

Reduction  to  ranks,  47. 

Stable  sergeants,  46,  47. 

Staff,  30,  45,  46,  47. 

Warrants,  30,  45,  46,  47,  109. 

Oaths: 

Administered  by,  41,  44,  45,  48,  49,  92, 
99. 

Board  of  examiners,  41,  45. 

Commissioned  officers,  6,  7,  45. 
Courts-martial,  92. 

Courts  of  inquiry,  92. 

Enlistment,  49. 

Muster-in,  49. 

Special  board  of  examiners,  44. 

Staff  of  Commander-in-Chief,  45. 

Officers.  (See  Commissioned  Officers.) 

Orders : 

Certain,  in  writing,  70.  i 

Disobedience  of,  70,  92,  93. 

General  orders  in  force,  102,  103. 

Ordnance  Department: 

Annual  report,  32. 

Chief,  may  visit  competitions  in  small 
arms  practice,  73. 

Chief,  member  of  staff  of  Commander-in- 
Chief,  12. 

Eligibility  to  appointment  as  officer  of,  36. 
Examination  of  officers  in,  40. 

Inspector  General  of  Small  Arms  Practice, 
25. 

Inspectors  of  small  arms  practice,  25. 
Noncommissioned  officers,  19,  45,  46. 
Organization,  19. 

Rank  of  chief,  26. 

Recruiting  officers  for  war,  115,  116. 

Status  of  officers  in  time  of  war,  116. 

Term  of  office  of  chief,  13,  26,  27. 

Visits  to  companies  by  officers  of,  73. 
Ordnance  Officer  (see  Ordnance  Depart¬ 
ment)  : 

Naval  brigade,  28. 


136 


Ordnance  Sergeant: 

Appointment,  45,  46. 

Number  of,  19. 

Organizations : 

Adjutant  General’s  department,  16. 
Ambulance  company,  18. 

Cavalry,  23. 

Coast  artillery  corps,  20,  21. 
Commander-in-Chief  shall  prescribe,  30,  31. 
Corps  of  cadets,  16,  25. 

Corps  of  engineers,  19. 

Field  artillery,  24. 

Field  hospital,  18. 

Hospital  corps,  17,  18,  19. 

Infantry,  21,  22. 

Inspector  General’s  department,  16. 

Judge  Advocate  General’s  department,  16. 
Medical  corps,  17. 

Medical  department,  17. 

National  guard,  15. 

Naval  brigade,  27,  28,  29. 

Naval  militia,  15. 

New  companies,  31. 

Ordnance  department,  19. 

Pay  department,  17. 

Quartermaster’s  department,  17. 
Regulations  for,  109,  110,  111,  112,  113. 
Signal  corps,  19. 

Staff  of  Commander-in-Chief,  12. 
Subsistence  department,  17. 

Parades: 

Annual,  71. 

Foreign  troops,  80. 

Grand  Army  of  the  Republic,  80. 

Military  schools,  79,  80. 

Organizations  other  than  militia,  79,  80. 
Sons  of  Veterans,  80. 

Unauthorized,  77,  79. 

United  Spanish  War  Veterans,  80. 

Pay  and  Allowances : 

Adjutant,  82. 

Adjutant  general  of  brigade,  82. 

Advance  from  treasury  for,  89. 

Armorer  of  company,  88. 

Bandsmen,  81,  82. 

Boards  of  officers,  82,  118. 

Bugler,  82,  83. 

Chief  bugler,  82,  83. 

Color  sergeants,  81,  82. 

Commissioned  officers,  81,  82. 

Cooks,  81,  82. 


Pay  and  Allowances  —  Con. 

Courts-martial,  89. 

Deductions  for  property  losses,  76,  77,  114, 
115. 

Delegates  to  National  Guard  Association, 

100. 

Duty  must  be  performed  to  be  entitled  to 
pay,  79. 

Education,  86. 

Enlisted  men,  75,  76,  77,  81,  82,  83,  112. 
Expenses  of  officers  of  United  States  army 
or  navy,  89. 

Fines  of  courts-martial  deducted  from,  91. 
Forage,  82,  87. 

Horses,  allowance  for,  82. 

Horses,  killing  of,  or  injury  to,  83. 

Horses,  transportation,  86,  87. 

Mechanic  of  battery,  88,  89. 

Motor  vehicles,  84. 

Mounted  pay,  82,  119. 

Musician,  82,  83.  % 

Naval  brigade,  27,  28,  29. 

Noncommissioned  officers,  81,  82. 

Office  incidentals,  88. 

Officers,  for  uniforms,  85. 

Paymasters,  82.  t> 

Petty  officers,  28,  81,  82. 

Postage,  88. 

Printing,  88. 

Property,  for  care  of,  85,  86. 

Rendezvous  drills,  75,  76,  77,  112. 

Retired  officers,  52. 

Riding  instruction,  85. 

Rolls,  81,  118,  119. 

Special  duty,  82. 

Stationery,  88. 

Subsistence,  82,  87,  111. 

Transportation  of  horses,  86,  87. 

Travel,  73,  84,  85,  87. 

Trumpeter,  82,  83. 

Uniform  repairs  and  alterations,  88. 

Uniforms  for  officers,  85. 

United'  States,  when  in  service  of,  99. 

United  States,  whe.n  paid  from  funds  of,  84, 

99. 

Vouchers,  97,  98. 

Pay  Department: 

Annual  report,  32. 

Bond,  98. 

Chief,  member  of  staff  of  Commander-in- 
Chief,  12. 


137 


Pay  Department  —  Con. 

Eligibility  tor  appointment  to,  36. 
Examination  of  officers,  40. 

Organization,  17. 

Paymaster  General,  12,  17. 

Rank  of  chief,  26. 

Term  of  office  of  chief,  13,  26,  27. 
Paymaster  General: 

Annual  report,  32. 

Advance  from  treasury,  89. 

Appointment,  36. 

Bond,  98. 

Chief  of  department,  17. 

Eligibility,  12,  13,  36. 

Member  of  staff  of  Commander-in-Chief,  12. 
Rank  of,  26. 

Term  of  office,  13,  26,  27. 

Paymasters: 

Allowance  to,  82. 

Appointment,  36. 

Bond,  98. 

Eligibility,  36. 

Naval  brigade,  28. 

Number  of,  17. 

Payment  by,  119. 

Rank,  17. 

Vouchers,  97,  98. 

Petty  Officers: 

Appointment,  30,  45,  46. 

Enlistment,  28,  30,  48. 

Meetings  of,  73. 

Pay,  28,  81,  82,  83. 

Rank,  28,  29. 

Reduction,  47. 

Warrants,  30,  45,  46,  109. 

Postage: 

Allowance  for,  88. 

Precept: 

For  ordering  out  militia,  69. 

Printing : 

Allowance  for,  88. 

Property.  (See  Public  Property.) 

Publications: 

Adjutant  General  may  issue,  122. 

Militia  law,  95. 

Regulations,  95. 

Public  Property: 

Accountability  for,  57,  113,  114,  115. 
Accountable  officer  to  turn  over  before 
resignation  or  retirement,  57,  113. 
Accountable  officer  to  give  bond,  98,  113. 


Public  Property  —  Con. 

Accounts,  58,  114. 

Allowance  for  care,  85,  86. 

Allowance  for  repairs  and  alterations,  34,  88. 
Armories,  to  be  kept  in,  55. 

Board  to  inspect  and  condemn,  58. 

Bond  of  accountable  officer,  98,  113. 

Bond  of  Quartermaster  General,  33. 

Cities  and  towns  to  provide  rooms  for 
keeping,  59,  60. 

Commissioned  officers  to  care  for,  57. 
Condemnation,  58,  59. 

Deductions  for  losses,  57,  76,  77,  86,  114, 
115. 

Deductions  from  allowance  for  care,  86. 
Detailed  officers  and  men,  105. 

Disbanded  organization,  57. 

District  police  to  search  for,  56. 

Dropping  allowance,  114. 

Injury  to  United  States,  86. 

Inspections  of,  32,  58,  117. 

Issue  by  Quartermaster  General,  33,  54. 
Legislative  committee  to  examine,  59. 
Liability  of  officer  resigning,  etc.,  58. 

Loan  to  Grand  Army  of  the  Republic,  59. 
Losses,  57,  76,  77,  86,  114,  115. 

Marking,  114. 

Not  to  be  taken  from  Commonwealth,  99. 
Penalty  for  misuse,  56. 

Purchases  by  Quartermaster  General,  33. 
Purchases  from  Quartermaster  General,  55, 
115. 

Quartermaster  General  to  issue,  33,  54. 
Quartermaster  General  to  purchase,  33. 
Quartermaster  General  to  sell  to  officers  and 
men,  55,  115. 

Railways  and  railroads  to  transport,  59. 
Records  of,  114. 

Recruits  to  have  certain  new  parts  of  uni¬ 
form,  115. 

Repairs,  allowance  for,  34,  88. 
Responsibility,  55,  56. 

Returned,  after  use,  55. 

Returns,  55,  113. 

Sales  by  Quartermaster  General,  55,  115. 
Storage  at  State  camp  ground,  34. 
Subsistence  stores,  58,  59. 

Superintendent  of  arsenal  may  inspect,  32. 
Surveying  officers,  57,  117. 

To  be  turned  over  to  successor,  57. 
Unauthorized  use,  55. 


138 


Public  Property  —  Con. 

Unlawful  purchase  or  possession,  56,  57. 
United  States  property,  loss  or  injury  of,  86. 
Quartermaster  General: 

Account  books  to  be  supplied  by,  94. 
Annual  report,  32. 

Appointment,  36. 

Armories,  expenditures  for  care  and  main¬ 
tenance,  66. 

Armories,  returns  of,  66,  67. 

Arsenal,  care  of,  33. 

Authority  as  to  mechanic  of  battery,  88,  89. 
Bond,  33. 

Burial  lot  and  monument,  33. 

Camp  ground,  care  of,  33. 

Chief  of  department,  17. 

Clerical  assistants,  34. 

Duties,  33,  34. 

Eligibility,  12,  13,  36. 

Forage,  87. 

Issues  uniforms,  arms,  etc.,  54. 

Loan  of  property  to  Grand  Army  of  the 
Republic,  59. 

Member  of  staff  of  Commander-in-Chief,  12. 
Purchases,  no  pecuniary  interest  in,  32, 33. 
Rank,  17,  26. 

Returns  of  property  to,  55. 

Salary,  33. 

Sales,  no  pecuniary  interest  in,  32,  33. 

Sales  of  public  property,  55,  115. 

Term  of  office,  13,  26,  27. 

Transportation,  to  be  furnished  by,  34,  73, 
74,  75,  87. 

Quartermasters : 

Departmental,  appointment,  36. 
Departmental,  eligibility,  36. 
Departmental,  number  of,  17. 
Departmental,  rank,  17. 

Quartermaster’s  Department: 

Annual  report,  32. 

Chief,  member  of  staff  of  Commander-in- 
Chief,  12. 

Clerks,  34. 

Deputy  Quartermaster  General,  17,  33. 
Noncommissioned  officers,  17,  46. 
Organization,  17. 

Rank  of  chief,  26. 

Salary  of  clerks,  34. 

Salary  of  Deputy  Quartermaster  General, 
33. 

Salary  of  Quartermaster  General,  33. 


Quartermaster’s  Department  —  Con. 
Salary  of  stenographer,  34. 

Salary  of  superintendent  of  armories,  34. 
Salary  of  superintendent  of  arsenal,  34. 
Stenographer,  34. 

Superintendent  of  armories,  34. 
Superintendent  of  arsenal,  25,  34. 
Quartermaster  Sergeants : 

Appointment  of,  45,  46,  47. 

Cavalry,  23. 

Coast  artillery  corps,  21. 

Corps  of  cadets,  25. 

Field  artillery,  24. 

Infantry,  22. 

Reduction,  47. 

Rank  of  Commissioned  Officers,  35. 
Recruiting  Officers: 

Commanding  officers,  48. 

Company  commanders,  48. 

For  war,  115,  116. 

To  be  mustering  officers,  48. 

Recruits: 

Eligibility,  49. 

Enlistment,  49. 

Muster-in,  49. 

Uniforms,  115. 

Regiments : 

Accountability  of  commander  for  property, 
113. 

Adjutants,  5,  22,  35,  82. 

Allowance  for  postage,  printing,  etc.,  88. 
Allowance  for  repairs  and  alterations  of 
uniforms,  88. 

Allowance  to  commander  for  care  of  prop¬ 
erty,  85,  86. 

Appointment  of  adjutant,  5,  35. 
Appointment  of  Quartermaster,  5,  35. 
Appointment  of  staff,  35. 

Assembly  of  companies  for  instruction,  74. 
Assembly  of  officers  for  instruction,  74. 
Band,  22. 

Battalion  drills,  75. 

By-laws,  93,  94,  95. 

Coast  artillery  corps,  considered,  20. 

Colors,  107,  108. 

Council  of  administration,  111. 

Division  of  militia  into,  5. 

Drill  reports,  110. 

Drills,  regimental,  75. 

Enlistment  book,  109. 

Funds,  111. 


139 


Regiments  —  Con. 

Horse  allowance,  82,  119. 

Hospital  corps  detachment,  18,  19,  119. 
Inspection  of  companies,  74. 

Instruction  in  riding,  85. 

Jury  exemption  rolls,  95,  96. 

Meetings  of  officers  and  noncommissioned 
officers,  73. 

Mounted  pay,  31,  82,  119. 

Muster  and  descriptive  cards,  109,  110. 
Noncommissioned  officers,  22,  45,  46,  47. 

No  parades  without  approval,  77. 

Number  of,  in  brigade,  21. 

Number  of,  in  militia,  5. 

Number  of,  in  national  guard,  15. 
Organization,  22. 

Property  accountability  of  commander, 
113. 

Quartermasters,  5,  22,  35. 

Recruiting  officer,  48. 

Recruiting  officer  for  war,  115,  116. 
Rendezvous  drills,  75,  76,  77,  112,  113. 
Reserve  militia,  11. 

Riding  instruction,  85. 

Staff,  appointment  of,  5,  35. 

Term  of  office  of  colonel,  51. 

Visits  of  commander  to  companies,  73. 
Regulations : 

Army  of  the  United  States,  93,  95,  103. 
Authority  of  Commander-in-Chief  in,  de¬ 
fined,  103. 

Commander-in-Chief  may  make,  95. 
Interpretation  of,  103,  104. 

Navy  of  the  United  States,  30,  103. 
Publication  of,  95. 

Rendezvous  Drills: 

Authority  to  order,  112, 

Certificate  of  attendance,  112,  113. 
Conduct  of,  112. 

Duration  of,  75. 

Hospital  corps,  17. 

Law  in  regard  to,  75,  76,  77. 

Not  more  than  two  in  one  week,  75. 
Number  of,  75. 

Pay,  75,  112. 

Regulations  in  regard  to,  112,  113. 

Returns  of,  113. 

Reports : 

Annual,  by  chief  of  coast  artillery  corps,  32. 
Annual,  by  chief  of  departments,  32. 
Annual,  by  chief  of  staff  corps,  32. 


Reports  —  Con. 

Courts-martial,  32. 

Drill,  110,  111. 

Inspections,  32,  71,  72. 

Jury  exemption,  95,  96. 

Public  property,  55. 

To  Adjutant  General,  13. 

Reserve  Militia,  10,  11,  71. 

Retired  Officers : 

Amenable  to  courts-martial,  52. 
Commissioned,  52. 

Eligibility  to  duty,  52. 

Officer  failing  to  pass  may  be,  43. 

Officer  whose  term  expires,  51. 

Pay  and  allowances,  52. 

Register,  52. 

Report  change  in  address,  53. 

Retirement  of,  51,  52,  53. 

Roster  of,  52,  53. 

Rifle  Ranges: 

Cities  and  towns  to  provide,  61,  62. 
Inspector  General  of  Small  Arms  Practice 
to  have  charge  of,  26. 

Rifle  Team,  80. 

Riots,  14,  69. 

Saddlers: 

Appointment,  46. 

Cavalry,  23. 

Salaries: 

Adjutant  General  (Lieutenant  Colonel), 
14. 

Clerks  in  Adjutant  General’s  department, 
14. 

Clerks  in  Quartermaster’s  department,  34. 
Deputy  Quartermaster  General,  33. 
Messenger  in  Adjutant  General’s  depart¬ 
ment,  14. 

Quartermaster  General,  33. 

Stenographer  in  Quartermaster’s  depart¬ 
ment,  34. 

Superintendent  of  armories,  34. 
Superintendent  of  arsenal,  34. 

Surgeon  General,  32. 

The  Adjutant  General,  14. 

Schools: 

Academic  board  of  instruction,  113. 
Appropriation  for,  86. 

Commandant  of  service  schools,  113. 
Officers,  73. 

Orders  in  relation  to  service  schools,  102. 
System  of,  41. 


140 


Secretary  of  War: 

The  Adjutant  General  to  make  reports  to, 
13,  14. 

Service  Medals  and  Clasps,  50,  120. 
Service  Schools.  (See  Schools.) 

Sheriffs : 

May  direct  ordering  out  of  militia,  69. 

Signal  Corps: 

Accountability  of  chief  for  property,  113. 
Alarm  list,  110. 

Allowance  for  armorer,  88. 

Allowance  for  care  of  property  to  com¬ 
mander,  85,  86. 

Allowance  for  postage,  printing,  etc.,  88. 
Allowance  for  repairs  and  alterations  of 
uniforms,  88. 

Annual  report  of  chief,  32. 

By-laws,  93,  94,  95. 

Council  of  administration,  111. 

Drill  reports,  110. 

Drills  may  be  omitted  in  certain  months, 
74. 

Drills  prescribed,  74. 

Eligibility  to  appointment  as  officer  of,  36. 
Enlistment  book,  109. 

Funds,  111. 

Hospital  corps  detachment,  19,  119. 
Included  in  “company”  in  militia  law,  8. 
Jury  exemption  rolls,  95,  96. 

Mounted  pay,  119. 

Muster  and  descriptive  cards,  109,  110. 
Noncommissioned  officers,  19,  45,  46. 
Organization,  19,  102. 

Recruiting  officer,  48. 

Rendezvous  drills,  75,  76,  77,  112,  113. 
Riding  instruction,  85. 

Signal  Officers: 

Naval  brigade,  28. 

Signal  corps,  19. 

Small  Arms  Practice,  Inspectors  of  (see 
Ordnance  Department) : 

Rifle  team,  80. 

Soldier: 

Definition  of,  in  militia  law,  8. 

Squadron.  (See  Cavalry.) 

Stable  Sergeant: 

Appointment,  46. 

Field  artillery,  24. 

Staff  Officers: 

Appointment,  5,  35,  36. 

Brigadier  General’s,  5,  21,  35,  36. 


Staff  Officers  —  Con. 

Commander-in-Chief’s  staff,  12,  13,  14,  35, 
45. 

Eligibility,  12,  13,  36. 

Standards : 

Cavalry,  108. 

Field  artillery,  108. 

Unauthorized,  109. 

Stationery: 

Allowance  for,  88. 

Street  Railways : 

Authorized  to  transport  military  supplies, 
59. 

Subalterns : 

Election  of,  4,  7. 

Subsistence: 

Allowance,  82. 

Band,  87. 

Bids,  87. 

Commutation  when  in  service  of  the  United 
States,  99.  * 

Detailed  officers  or  men,  105. 

Enlisted  men,  87. 

Officers  subsisting  from  men’s  mess,  111. 
Perishable,  58,  59. 

Received  from  the  United  States,  84,  99.  * 

Sales,  58,  59,  87. 

Savings,  88. 

Subsistence  Department: 

Annual  report,  32. 

Chief,  member  of  staff  of  Commander-in- 
Chief,  12. 

Noncommissioned  officers,  17,  46. 
Organization,  17. 

Rank  of  chief,  26. 

Superintendent  of  Armories,  34. 
Superintendent  of  Arsenal,  25,  32,  34. 
Surgeon: 

Naval  brigade,  27,  28. 

Surgeon  General: 

Annual  report,  32. 

Appointment,  36. 

Chief  of  medical  department,  17. 

Duties,  32. 

Eligibility,  36. 

Member  of  staff  of  Commander-in-Chief,  12. 
Physical  examination  to  be  prescribed  by, 

32. 

Purchases,  no  pecuniary  interest  in,  32,  33. 
Rank,  17,  26. 

Salary,  32. 


141 


Surgeon  General  —  Con. 

Sales,  no  pecuniary  interest  in,  32,  33. 
Term  of  office,  13,  17,  26,  27. 

Surveying  Officers: 

Public  property,  57,  58,  59,  117. 
Subsistence  stores,  58,  59. 

Tenure  of  Office : 

Brigadier  general  of  infantry,  51. 

Captain  of  naval  brigade,  51. 

Chiefs  of  staff  departments,  13,  26,  27. 
Colonel  of  coast  artillery  corps,  51. 

Colonel  of  infantry,  51. 

The  Adjutant  General,  13. 

Tours  of  Duty: 

Annual  parade,  71. 

Bands  may  be  excused  from  camp  duty,  71. 
Camp  duty,  71,  72. 

Escort  duty,  73. 

In  case  of  tumult,  riot,  etc.,  69,  70. 
Invasion,  to  repel,  68,  69. 

*  Insurrection,  to  suppress,  68,  69. 

Notice  of,  72. 

Towns.  (See  Cities  and  Towns.) 

Transfers  of  Enlisted  Men,  106,  107. 
Transportation : 

%  Assemblies  for  drill,  75. 

Assemblies  of  officers  or  companies,  74. 
Furnished  by  Quartermaster  General,  34. 
Horses,  86,  87. 

Meetings  of  officers  or  noncommissioned 
officers,  73. 

Officers  visiting  companies,  73. 

Received  from  the  United  States,  84. 
Travel  Allowances,  84,  85. 

Troop  (see  also  Companies) : 

Alarm  lists,  110. 

By-laws,  93,  94,  95. 

Council  of  administration,  111. 

Drill  reports,  110. 

Enlistment  book,  109. 

Funds,  111. 

Included  in  “company”  in  militia  law,  8. 
Jury  exemption  rolls,  95,  96. 

Muster  and  descriptive  cards,  109,  110. 

No  parade  without  approval,  77. 

Number  of,  14. 

Organization  of,  23. 


Troop  —  Con. 

Recruiting  officer,  48. 

Recruiting  officer  for  war,  115,  116. 
Trumpeters : 

Appointment,  46. 

Cavalry,  23. 

Chief  trumpeter,  coast  artillery  corps,  21. 
Phy,  82,  83. 

Uniform: 

Adoption  of  other  than  prescribed,  58. 
Aids,  120,  121. 

Aiguillettes,  120. 

Buttons,  121. 

Collar  ornaments,  121. 

Commissioned  officers  to  provide  them¬ 
selves  with,  54. 

Conform  to  that  of  army  of  the  United 
States,  55. 

Corps  of  cadets,  120. 

Discharged  officer  may  wear,  54. 

Enlisted  men  to  be  provided  with,  54. 
Medals  and  decorations,  120. 

National  guard,  119,  120,  121. 

Naval  brigade,  120,  121. 

Officers’  allowance  for,  85. 

Organizations  to  be  provided  with,  54. 
Quartermaster  General  may  make  sales  of, 
55. 

Repairs  and  alterations,  allowance  for,  88. 
Retired  officers,  52. 

Service  chevrons,  121. 

Unauthorized  wearing,  54,  55. 
Veterinarians: 

Appointment,  38. 

Cavalry,  23. 

Eligibility,  36. 

Examination,  40. 

Field  artillery,  24. 

Mounted  pay,  119. 

Pay  and  allowances,  38. 

Rank,  38. 

Visits  to  companies,  73. 

Wagoners: 

Appointment,  46. 

Cavalry,  23. 

War  Recruiting  System,  115,  116. 


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